When AI influences a clinical decision, who owns the outcome?

In this episode of The Healthcast, Phil Zappone sits down with Michael Tekely, founder of Medical Malpractice Insurance and Clinical Risk Management Academy LLC, to explore how AI is changing the conversation around patient safety, clinical judgment, and accountability.

Drawing on his experience in malpractice insurance and clinical risk management, Michael discusses why healthcare organizations need to document how AI recommendations influence care—and how clinicians respond to them. He also introduces his framework and prototype tool for reconstructing AI-influenced clinical events.

In this episode:
• Potential gaps between AI adoption and malpractice insurance coverage.
• Why clear documentation matters when investigating adverse outcomes.
• Tracking AI recommendations, system versions, and independent clinical judgment.
• How workplace culture and workflow pressures affect clinicians’ ability to question AI.
• Michael’s perspective on AI and informed consent.
• Three priorities for hospital leaders preparing to deploy clinical AI.

Chapters:
00:19 — Introduction: AI, medicine, and malpractice
00:50 — Michael’s background in malpractice insurance
02:38 — A case that revealed the importance of documentation
06:23 — AI adoption and insurance coverage concerns
08:54 — A lawsuit that shaped Michael’s thinking about AI risk
14:48 — Building a culture of communication and accountability
18:01 — Reconstructing an AI-influenced clinical decision
24:39 — Michael’s academy, framework, and prototype tool
26:16 — What happens when clinicians follow AI recommendations?
27:53 — The human impact of malpractice and informed consent
29:39 — Will AI reduce malpractice or shift the risk?
30:43 — Three priorities for hospital leaders
31:51 — Opportunities and challenges ahead
33:18 — Protecting clinicians and improving patient outcomes
35:35 — Where to connect with Michael

Episode Resources:
LinkedIn | https://www.linkedin.com/in/michaeltekely/

Check out what I do helping small businesses here:
Website | https://nxaihealth.com/
LinkedIn | https://www.linkedin.com/in/phil-zappone-647957379/

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