Why AI has outpaced medical malpractice law, and what to do about it

Medical AI is evolving faster than the legal system can regulate it. Richard E. Anderson, CEO of The Doctors Company, the nation's largest physician-owned medical malpractice insurer, argues that the gap between what AI can do clinically and what courts are ready to judge has created a difficult position for physicians, and that it will take a long time for the system to catch up. This episode is based on his article "The future of U.S. medicine: 10 health care trends in 2026," published on KevinMD. You will hear why following an AI recommendation that diverges from the current standard of care can put a physician in legal jeopardy, why Anderson has seen almost no AI-related lawsuits so far despite widespread clinical use, what physicians should document every time they choose not to follow an AI recommendation, and what the 17-year lag between scientific discovery and standard-of-care adoption means for anyone practicing with AI today. Listen for a grounded read on medical AI heading into 2026.

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