AI and Malpractice Insurance: What Carriers Are Watching

Malpractice carriers have started adding AI-related questions to renewal applications. This episode explains what they are looking for and how to protect yourself.

What Carriers Ask

• Whether you use AI tools in clinical decision-making
• Whether AI-generated content is reviewed before reaching patients
• Whether your practice has an AI governance policy
• Whether AI tools have been evaluated for HIPAA compliance
• Whether you use AI for diagnostic support or treatment recommendations

What Increases Premium Risk

• Using AI tools without a documented review process
• Relying on AI-generated diagnoses without independent clinical judgment
• Deploying consumer-grade tools (ChatGPT, Gemini) with patient data without a BAA
• No documentation trail showing human oversight of AI outputs

How to Protect Yourself

• Maintain a written AI governance policy that your carrier can review
• Document every AI tool in use, its purpose, and the review workflow
• Keep audit logs showing human review of AI-generated clinical content
• Treat AI output as a draft, never as a final clinical decision
• Disclose AI usage proactively to your carrier rather than waiting for them to ask