In an October 20, 2026, article published by Medical Liability Monitor, Valerie Grove examines the malpractice risks physicians face as AI tools become more common in clinical care. Ambient scribes now play a growing role in primary care and emergency departments, but AI has appeared in only a handful of malpractice cases, leaving the legal framework largely unsettled.
Valerie explains that while AI scribes assist with documentation, they cannot capture physical exams or nonverbal cues unless physicians describe them aloud. These tools may also interpret unclear audio on their own, sometimes generating inaccurate findings that enter the medical record without the physician’s knowledge. Because the law currently treats AI as a tool, malpractice claims typically name the physician who provided the care rather than the software company.
“The law around AI and malpractice is still developing, but for now, the risk rests with the physician. Review every output, disclose AI use to patients and confirm coverage before a claim forces the question,” Valerie wrote.
Read the full Medical Liability Monitor article here. (PDF)
