American Medical Association seeks liability shield for doctors using AI

The American Medical Association, the nation's largest physicians group, has adopted a new policy to protect doctors from legal liability when they use defective clinical AI tools, shifting responsibility to software vendors.

The policy, adopted at the AMA's Interim Meeting in Orlando on November 10, 2026, establishes a framework for accountability that divides responsibility among AI developers, healthcare organizations, and physicians based on who controls the technology.

The AMA's Center for Digital Health and AI released its accountability principles on October 29, 2026, outlining a system where liability would fall on the vendor or manufacturer if a clinical error occurred because an AI product was defective and the physician exercised appropriate clinical judgment.

Protection for physician judgment

The AMA's policy specifically shields physicians in two situations: when they choose not to use an AI tool at all and when they override the tool's recommendations.

The group argues that liability should track who actually controls the technology, ensuring that a physician's professional judgment remains the deciding factor in care decisions, regardless of whether they follow the algorithm or overrule it.

Underwood emphasized that patients need to trust these technologies for them to be used effectively, a trust that is built on clear legal frameworks and the assurance that recourse is available when the tools fail.

Obligations for AI vendors

The AMA is not only seeking a shield for doctors but also mandating that AI companies take on specific obligations to ensure patient safety and clear accountability.

The framework requires AI vendors to maintain adequate product liability insurance, disclose the limitations of their tools, and share performance data with healthcare providers.

A key provision prohibits vendors from imposing contract terms that unfairly push liability onto healthcare professionals, and it also aims to prevent payers and hospitals from penalizing physicians who decline to use AI tools they consider uncertain.

AI as a complement to care

The AMA frames AI as a complement to physician-led care rather than a substitute for it, pushing back against the idea of granting licensure or certification to AI systems.

Survey results cited in the AMA's research show that more than a third of physicians consider clear liability frameworks crucial to building trust in AI and encouraging its adoption in clinical settings.

The policy is an attempt to preserve the licensed professional at the center of the care relationship, ensuring that AI is used to support, not replace, human judgment.

Next steps for legislation

While the AMA's policy is not yet law, the association is actively lobbying for these protections, and legislators would need to act before any of them carry legal force.

The framework represents a significant step in addressing the legal uncertainty surrounding AI in healthcare, aiming to create a stable environment for the adoption of these technologies while protecting both patients and physicians.