R
Robert Kellar
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OCT 5
Sep 21, 2026
244: AI in healthcare: Who will be liable when things go wrong?
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Rosalind EnglishHOST
Who are these poor people who compose a group of liability sinks? Rob, a question for you.

Robert KellarGUEST
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.

Robert KellarGUEST
And that's for the simple reason, first, that in reality, most of these devices will be supervised by real-life living, breathing doctors.

Robert KellarGUEST
But also, from a legal perspective, it'll be easiest to establish a duty of care against human practitioners.

Robert KellarGUEST
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.

Robert KellarGUEST
First, it ignores the responsibility of those deploying the technology, like private healthcare providers and trusts, and also those that manufacture it.

Robert KellarGUEST
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

Rosalind EnglishHOST
So, Robert, what does the report have to say about transparency and patient consent when doctors are using AI to deliver care?
Who's Liable When AI Gets It Wrong? | Robert Kellar KC on AI, Law and Liability in Regulated Professions
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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?

Robert KellarGUEST
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.

Robert KellarGUEST
And I'll give you three disruptions that I predict at increasing levels of disruptiveness, if you like.

Robert KellarGUEST
So whereas once upon a time, dentists might be forgiven for incidental or difficult to interpret areas of caries in decaying teeth.

Robert KellarGUEST
When we have increasingly able AI systems that can flag up caries in adults or children, those errors may be less forgivable.
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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?
