Around 40% of physicians have concerns around using AI at work for legal reasons, according to a Dec. 10 Medscape report based on an annual survey.
While AI is at the forefront of conversations among health systems, its implementation does not come without larger risks, including legal concerns.
Here are nine notes on malpractice and AI:
1. Thus far, there have been no major legal actions over the clinical use of AI.
2. Lawmakers in three states have proposed laws or rules to regulate AI technology.
3. Almost 900 AI health tools have earned FDA approval as of July 2024.
4. Physicians use AI in clinical practices for several reasons, including ambient listening, diagnostic speed and accuracy, scheduling, billing and submitting insurance claims.
5. Keeping a human physician in the loop when using AI is seen as one of the key ways to avoid legal issues.
6. Currently, malpractice policies for physicians do not offer AI specific-coverage, but many insurers are paying attention to the changing landscape. Some believe AI will actually lower malpractice risk.
7. Providers should be sure to know and understand generative AI before they use it.
8. Providers should be sure to document anything and everything they do with AI tools. Ensuring that documentation is thorough can help if litigation comes up and it is related to AI tools.
9. Make sure to understand AI's shortcomings when deploying it.