Examining AI and medical liability
Artificial Intelligence is transforming healthcare, but its integration poses a novel challenge: who is responsible if or when AI errors occur? The question of medical liability in AI-driven care has experts and attorneys debating the future of accountability.
While AI has the potential to reduce diagnostic errors, it’s not infallible. Tools with unaddressed biases or errors may lead to misdiagnoses or inappropriate treatments. According to Jeff Easley of the Responsible AI Institute, “Realizing AI’s benefit demands robust governance,” yet no federal laws currently regulate AI use in health care.
Jared Kaplan, CEO of Indigo, envisions AI driving down medical liability claims, likening its use to safety measures that lower insurance premiums. However, he acknowledges a “new legal threat” with no clear-cut answers on whether clinicians or AI developers are liable.
The Federation of State Medical Boards suggests clinicians bear responsibility, emphasizing the need for oversight. But amid staff shortages and overwork, asking physicians to double-check AI is an “immense burden,” as noted by Johns Hopkins researchers.
For now, robust documentation and internal AI governance are the best defenses against future medical liability claims. Click here to read more about the legal questions that health care AI brings to the exam table.
Opinion: Florida physician shortage to deepen if protections removed
As Florida faces a projected shortage of nearly 18,000 physicians by 2035, pending legislation threatens to worsen the crisis by driving up health care costs and discouraging doctors from practicing in the state.
In an opinion piece for the Fort Myers News-Press, Dr. Rohan Joseph, MD, FACS, president of the Florida Chapter of the American College of Surgeons, warns that two bills under consideration by state legislators could have devastating consequences for access to care.
The proposed bills, House Bill 6017 and Senate Bill 734, allowing non-economic damages for parental claims initiated by adult children or claims initiated by the parents of adult children, are likely to increase medical liability claims and lawsuit abuse.
Dr. Joseph argues that these changes would lead to higher medical liability insurance costs and further discourage doctors from providing high-risk services, such as delivering babies. “Florida already has the highest medical liability insurance rates in the country,” Dr. Joseph notes, adding that this legislation could create “needless obstacles for Floridians seeking medical care.”
Nor would they improve care quality or enhance existing accountability measures in Florida.
“Expanding liability for non-economic damages in medical lawsuits is a surefire way to exacerbate this problem,” Dr. Joseph concludes. “Patients will feel the effects.”
To read more about the harmful effects of these bills on Florida patients and physicians, click here.
Weight loss medications via telehealth pose rising risk
The growing popularity of GLP-1 weight loss medications like Ozempic and Wegovy has sparked concerns among primary care providers about the medical liability risks associated with third-party telehealth prescriptions.
A recent Medical Liability Monitor article highlights how patients are supplementing primary care with telehealth prescription services for weight loss medications. A survey by Omada Health revealed that 67% of primary care physicians believe these telehealth practices pose significant health risks due to insufficient patient monitoring, inadequate medical history reviews, and the potential for overprescription.
They also worry that telehealth prescriptions are increasingly separate from traditional health care delivery. Half of surveyed physicians noted that patients often fail to disclose these prescriptions, hindering their ability to monitor for side effects and adjust treatments. This lack of transparency limits the comprehensive care physicians aim to provide, including support for lifestyle changes critical to effective weight management.
Primary care physicians exercise caution when prescribing GLP-1 medications, taking a comprehensive view of patient health. Many require thorough evaluations, assess comorbidities, and insist on diet and exercise interventions before considering treatment. Telehealth providers may lack the capacity for such rigorous oversight, increasing the likelihood of adverse outcomes.
As telehealth expands access to popular weight loss medications, improperly managed prescriptions could lead to a rise in medical liability claims related to side effects, drug interactions, and inadequate patient selection. Click here to read more about the importance of prioritizing patient safety to mitigate these risks.