Inside AI malpractice law: Will AI increase or reduce malpractice claims?

Sara Gerke, associate professor of law at the University of Illinois, says artificial intelligence (AI) could either expand or shrink malpractice risk — depending entirely on how it’s developed and deployed.

“If we do everything right with AI — if it’s properly implemented in hospitals and performs better than the human error rate — then AI may reduce claims by improving diagnostic accuracy, catching errors, and standardizing care,” Gerke explains. “But if AI isn’t properly vetted, or bias is built into its algorithms, it could cause new harm and lead to more litigation.”

Her outlook is cautiously optimistic: “I hope we’re using the promises of AI and integrating it responsibly in health care so that the first version of the future comes to life.”