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Health Care · Report · File No. 261113-184

AMA asks Congress and states for liability shield when hospital AI tools make errors

The American Medical Association adopted a policy to push for laws shielding doctors from malpractice claims when AI tools harm patients. It would shift blame toward AI vendors and, in some cases, the hospitals and insurers that require the tools.

By the Kitchen-Table Desk · · 2 min read

Every quote in this story (2) was matched word for word against its source. How we work

My clippings

The American Medical Association, the nation's largest doctors' group, has adopted a policy to seek federal and state laws protecting physicians from liability when artificial intelligence (AI) products harm patients. The vote came Monday at its Interim Meeting in Orlando, according to the group's Nov. 10 press release 1.

The AMA wants those protections to apply even when the doctor used the tool as intended and exercised appropriate judgment 1. The sources we reviewed do not name a specific bill in Congress. The AMA says it will push for such laws 1.

Who would be responsible instead

Under the policy, if an error comes from a defective clinical AI product, responsibility should fall on the vendor, manufacturer or distributor. It should not fall on a physician facing a malpractice claim 1.

The AMA also supports laws that would require AI companies to carry adequate liability insurance and to disclose the limits and performance data of their products. It would bar contracts that push responsibility for product failures onto physicians or health systems 1.

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When a hospital, health system, insurer or other organization requires a specific AI product, that organization and the vendor should share responsibility for resulting patient harm, the AMA says 1. The group also wants protection for doctors who decline to use an AI tool or to follow its recommendation 1.

Physicians also need the authority, oversight and liability protections
Willie Underwood III, president, American Medical Association1

The backstory

The vote follows a framework the AMA released in October on matching liability to each party's authority to prevent or reduce harm 1. Healthcare Dive reported on Nov. 2 that the framework assigns separate duties to physicians, AI developers and the organizations that deploy the tools 2.

Under that framework, physicians must use clinical judgment, including scrutinizing AI outputs and dismissing them when necessary. Developers must design safe, accurate tools. Hospitals and practices must choose and evaluate tools, train staff and monitor performance 2.

The AMA also says harmed patients should have pathways to recourse, which Healthcare Dive reports includes compensation 2. The AMA cited a 2026 survey in which a third of physicians named liability clarity as the main driver of AI adoption 2.

is going to create the rubric by which every different stakeholder gets very clear on their responsibility
Jennifer Goldsack, head of the AMA Center on Digital Health and AI2

What happens next

Nothing changes in law yet. The policy is a lobbying position, and Congress would have to act, or states would, for any shield to take effect 1. Healthcare Dive's report included no direct responses from AI developers or health systems 2.

That matters because the question of who pays when AI errs is still unsettled. A patient hurt by a flawed AI recommendation could face a fight over whether the doctor, the hospital or the software company is responsible. Patient advocates and Democrats in Congress have not weighed in on the AMA's proposal in the coverage we could confirm.

The Record

  1. The AMA issued a liability framework for clinical AI that assigns separate duties to physicians, developers and hospitals, according to a Healthcare Dive report dated Nov. 2 2.
  2. The AMA adopted its AI liability and licensure policy at its Interim Meeting in Orlando 1.
  3. The AMA published a press release saying it will seek federal and state laws shielding physicians from AI-related liability 1.
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Sources

  1. American Medical Association, “AMA: Artificial intelligence can augment physicians but don't call it doctor” (2026-11-10). ama-assn.org/press-center/ama-press-releases/ama-artificial-
  2. Healthcare Dive (via Yahoo), “AI vendors, health systems join physicians in liability for clinical AI” (2026-11-02). yahoo.com/news/us/articles/ai-vendors-health-systems-join-19

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