Clinical Use of Generative AI: Understanding Liability Before You Act

As generative AI becomes increasingly integrated into healthcare, clinicians must understand the legal and liability implications that accompany its use. This session examines the evolving legal landscape surrounding AI-enabled medical technologies, including design defect theories, foreseeability risks, and emerging liability concerns. Participants will explore how AI can affect each element of a medical malpractice claim and consider the unique challenges posed by algorithmic decision-making, transparency, and oversight. Through a practical legal and clinical lens, learners will gain the knowledge needed to evaluate AI-related risks, make informed decisions about AI adoption, and promote safe, responsible integration of AI into patient care.

This is the last session of our three-part series, Medicine on the Record, an exploration of medicine and the law. Learners are welcome to attend any or all of the sessions.

1. Differentiate the three design defect theories related to AI-enabled medical technologies.
2. Identify the three unique foreseeability risks associated with using AI in healthcare.
3. Describe at least two ways AI adds complications to each of the four elements of a medical malpractice case.
4. Evaluate three additional liability theories related to the integration of AI into clinical practice.

The Washington State University (WSU) Elson S. Floyd College of Medicine is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The WSU Elson S. Floyd College of Medicine designates this Live Activity for a maximum of 0.75 AMA PRA Category 1 Credit(s)™. Participants should claim only the credit commensurate with the extent of their participation in the activity.

Accessibility

WSU College of Medicine Continuing Medical Education (CME) is committed to ensuring that its programs, services, goods and facilities are accessible to individuals with disabilities as specified under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 2008. If you have needs that require accommodation please contact the CME Unit at [email protected]

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Disclaimer

The material presented in this continuing medical education program is being made available for educational purposes only. This material is not intended to represent the best or only methods or procedures appropriate for the medical situation discussed; rather the material is intended to present an approach, view, statement, or opinion of the authors or presenters, which may be helpful or of interest to other practitioners. This program does not represent or speak on behalf of Washington State University and/ or Elson S. Floyd College of Medicine. Participants should carefully consider all available scientific data before acting on knowledge gained through this activity.

Mitigation of Relevant Financial Relationships

Washington State University Elson S. Floyd College of Medicine adheres to the ACCME’s Standards for Integrity and Independence in Accredited Continuing Education. Any individuals in a position to control the content of a CE activity, including faculty, planners, reviewers or others are required to disclose all financial relationships with ineligible companies within the past 24 months. This information is listed below. All relevant financial relationships, if applicable, have been mitigated. No others in control of content had any relevant financial relationships. If the topic is non-clinical, financial disclosures are not required.