Introduction: A Double-Edged Scalpel
Artificial Intelligence (AI) is transforming the healthcare industry at an astonishing pace. From analyzing X-rays to predicting patient deterioration, AI algorithms now assist with tasks once reserved solely for trained medical professionals. The promise of efficiency, precision, and better patient outcomes is real—but so is the risk.
When a human doctor makes a mistake, patients may seek legal recourse. But what happens when the error is made by a machine—or more accurately, by an algorithm developed and deployed by people? Who is responsible when AI in healthcare fails? And what legal rights do injured patients have?
This post explores the legal, ethical, and practical implications of AI-related medical mistakes, particularly for Maryland residents.
The Rise of AI in Modern Medicine
AI is now used across a wide spectrum of medical tasks, including:
- Radiology: AI can detect tumors or fractures in imaging faster than human radiologists.
- Dermatology: Algorithms diagnose skin cancers based on photos.
- Pathology: Machine learning identifies patterns in tissue samples.
- Triage: AI chatbots assess symptoms and make care recommendations.
- Risk Prediction: Tools forecast complications like sepsis or heart attacks.
While these applications hold enormous potential, they are far from infallible. AI still struggles with rare diseases, diverse patient populations, and contextual clinical judgment. And unlike a human doctor, AI lacks empathy and moral reasoning—traits that often guide care in complex cases.
When AI Gets It Wrong: Real-World Examples
Mistakes caused by AI in healthcare aren’t hypothetical—they’re already happening:
- Misdiagnosis: A well-known AI system misdiagnosed serious conditions in Black patients because it was trained mostly on white patients.
- Treatment Delays: An algorithm used by a hospital failed to flag early signs of stroke, resulting in a delayed response and permanent disability.
- Medication Errors: A pharmacy chatbot gave incorrect dosage recommendations, endangering patients with chronic conditions.
These scenarios highlight how AI can cause harm—not through malevolence, but through flawed data, insufficient oversight, or hasty implementation.
Legal Accountability: Who’s at Fault?
Determining legal responsibility for AI mistakes is complicated. In traditional malpractice cases, liability often falls on the doctor, hospital, or healthcare provider. But when AI is involved, multiple parties might share responsibility:
- Software Developers: If the algorithm was poorly designed, developers could be held liable under product liability laws.
- Healthcare Institutions: Hospitals that implement and rely on AI tools without adequate oversight may be found negligent.
- Physicians: If a doctor blindly follows an AI recommendation that contradicts clinical judgment, they might still be at fault.
- Vendors: Third-party software vendors may be liable if their systems cause harm.
Unfortunately, current U.S. law hasn’t caught up with the rapid evolution of medical AI. However, Maryland law still provides several pathways for pursuing a claim.
Maryland Medical Malpractice Law and AI
Under Maryland law, patients harmed by negligent medical care can pursue a malpractice claim if they prove:
- A duty of care existed,
- That duty was breached,
- The breach caused harm, and
- There are damages (e.g., medical bills, lost wages, emotional distress).
AI complicates this process, but doesn’t eliminate the right to sue. In many cases, the failure will still trace back to a human decision—whether in programming the AI, approving its use, or relying too heavily on it without proper verification.
For example, if a Maryland hospital deployed a diagnostic AI without informing patients—or ignored evidence that the algorithm was biased or faulty—they could still face a malpractice lawsuit.
Informed Consent and AI: What You Need to Know
Patients in Maryland have a legal right to informed consent—meaning they must be made aware of the risks, benefits, and alternatives to any medical treatment. But are hospitals disclosing the use of AI tools?
In most cases, the answer is no. Patients often don’t know when AI has played a role in their diagnosis or treatment. This lack of transparency may open the door to future litigation if something goes wrong and the patient was never told AI would be involved.
What Patients Can Do After an AI-Related Medical Error
If you suspect that an AI system played a role in a medical error that harmed you or a loved one, here are steps to take:
- Request Your Medical Records: These may reveal whether automated tools were used in your care.
- Document Everything: Keep a journal of symptoms, conversations, and care timelines.
- Consult an Attorney: Seek a lawyer experienced in medical malpractice and healthcare technology.
- Act Quickly: Maryland has a statute of limitations on medical malpractice claims—generally five years from the date of injury, or three years from the date the injury was discovered, whichever is earlier.
The Future of AI and Patient Safety
As AI becomes more prevalent in Maryland’s healthcare systems, so too must the safeguards that ensure it serves patients—not harms them. Proposed solutions include:
- Mandatory transparency on AI use in care.
- FDA regulation of high-risk medical algorithms.
- Clearer legal frameworks for assigning liability.
- Bias audits and clinical trials for AI tools.
Until these protections are standardized, patients remain vulnerable to harm from untested or improperly implemented technologies.
How Ballenger & Roche Can Help
At Ballenger & Roche, we believe in accountability—whether a mistake was made by a doctor, a nurse, or a machine. Our experienced legal team stays ahead of emerging trends in medical malpractice, including AI and healthcare tech.
If you or a loved one has suffered due to a misdiagnosis, delayed treatment, or other error potentially caused by AI, we can help you uncover the truth—and fight for the justice and compensation you deserve.
If a medical error—by man or machine—left you injured, contact our team today for a free consultation. We’ll review your case, explain your legal options, and guide you through every step of the process.