Inside AI malpractice law: What policies can reduce physicians’ AI liability risk?

Sara Gerke, associate professor of law at the University of Illinois, says the transition from traditional medicine to artificial intelligence (AI)–assisted care demands clearer guidance from both regulators and professional societies.

“We’re in a transition zone — AI isn’t yet part of the standard of care, but it may be soon,” Gerke explains. “That’s why guidance from medical associations and societies is especially important. They can help shape the standard of care and provide clarity for physicians.”

She adds that regulatory agencies like the U.S. Food and Drug Administration (FDA) can play a key role by developing consistent labeling standards for AI and machine learning–based medical devices. But most of all, Gerke stresses the need for education and training: “Equipping clinicians with the knowledge to use AI appropriately and responsibly is crucial. That’s what will ultimately help reduce liability risks as AI becomes more widely adopted.”