Inside AI malpractice law: Should physicians disclose when AI is used in care?

Sara Gerke, associate professor of law at the University of Illinois, examines whether physicians are legally — or ethically — obligated to tell patients when artificial intelligence (AI) tools are used in their care.

“From a legal perspective, we have limited case law,” Gerke explains. “The current informed consent doctrine does not necessarily impose a duty to disclose the use of AI in most cases.” However, she notes that there are exceptions — for example, if a patient directly asks about AI use, or if the AI’s role is material to a surgical or treatment decision.

Beyond law, Gerke emphasizes the ethical dimension. “There are strong ethical arguments for disclosure — transparency and respect for patient autonomy,” she says. She suggests a proportionate transparency approach: the more the AI influences treatment decisions, the greater the physician’s duty to explain it.

“But this is still in flux,” she adds, “and there are no clear standards yet for informed consent or AI disclosure.”