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Robert Kellar

Sep 21, 2026

11:46
Who are these poor people who compose a group of liability sinks? Rob, a question for you.
11:53
Well, this is the idea that in ClinNeg claims involving AI, if we get those claims in future, as we're likely to, is the concept that doctors and other healthcare professionals are likely to, to a disproportionate level, find themselves in the firing line.
12:14
And that's for the simple reason, first, that in reality, most of these devices will be supervised by real-life living, breathing doctors.
12:24
But also, from a legal perspective, it'll be easiest to establish a duty of care against human practitioners.
12:32
And the idea is that this might be, this is not an original idea of mine, it's in the literature, that this may be thought to be unfair for a number of reasons.
12:40
First, it ignores the responsibility of those deploying the technology, like private healthcare providers and trusts, and also those that manufacture it.
12:50
Second, because it may be difficult for healthcare professionals, at least in real time, to understand what is going on under the hood.

15 MINS LATER

28:02
So, Robert, what does the report have to say about transparency and patient consent when doctors are using AI to deliver care?
4:17
What happens to it when the decision is assisted or aided by an algorithm? Does the standard stretch to fit it or does it break and do we need a new standard?
4:26
My view is and has been for a while that as AI disrupts medical and dental practices, it's going to disrupt the law as well.
4:34
And I'll give you three disruptions that I predict at increasing levels of disruptiveness, if you like.
4:42
So disruption one is that I think we'll see higher standards of care.
4:46
So whereas once upon a time, dentists might be forgiven for incidental or difficult to interpret areas of caries in decaying teeth.
4:57
When we have increasingly able AI systems that can flag up caries in adults or children, those errors may be less forgivable.
5:05
So disruption number one is higher standards of care.

23 MINS LATER

27:52
In your view, what's it likely to recommend and which of those recommendations would actually change the commercial calculus for a dental group deploying AI?

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