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The Liability Battle Over Medical AI Is Coming

The Liability Battle Over Medical AI Is Coming

newsweek.com 27.10.2026 13:29 9 views
As medical AI advances, lawmakers and health leaders face a crucial question: Who is liable when the technology fails?

As artificial intelligence becomes capable of acting more independently in health care, hospitals and technology companies are confronting a fundamental question: Who is responsible when something goes wrong? Brian Anderson, CEO of the Coalition for Health AI, said tensions are emerging between hospitals and the companies developing some of the world’s most advanced AI models as the technology becomes more autonomous. In most U.S. states, Anderson said, health care providers remain responsible when something goes wrong while they are using an AI tool.

Physician groups are also questioning where responsibility should fall. The American Medical Association argues that accountability should align with the party best positioned to understand an AI tool’s risks and prevent or mitigate harm, rather than automatically falling entirely on physicians. Anderson said hospitals are particularly concerned that AI agents could “go rogue” and act outside their protected systems and expose patients’ private health information.

Anderson said Utah was considering shared liability and pointed to Doctronic, which is testing AI-assisted prescription renewals in the state and has obtained malpractice insurance. For hospitals, however, questions over responsibility remain unresolved as AI systems become more independent.

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