Ophthalmic community must collaborate to mitigate malpractice risk in use of AI

Key takeaways:

• Ophthalmologists must understand AI before implementing it into patient care to avoid malpractice.
• Proper guidelines cannot be established by one practice alone.

KOLOA, Hawaii — The ophthalmology community must collaborate to create guidelines for diligent AI use in health care to avoid malpractice, according to a presenter at Hawaiian Eye 2025.

“There has been all kinds of discussion on where [AI is] going: How it’s going to influence your practice and how it’s going to influence your risk in your practice are all very open issues, and issues that I think present risk for you if we don’t do it in a methodical way,” Allison W. Shuren, JD, MSN, said in a presentation covering updates in health care law.

According to Shuren, responsible deployment of AI requires ophthalmic practices to follow AI governance or guidelines that dictate how to use AI in a way that mitigates the risk of harm and ensures compliance with rapidly changing regulations at the state and federal levels.

“The key factors you need to be worrying about are the privacy, safety and reliability of using that technology with your patients,” she said.

In 2024, the first generative AI health care case was filed in Texas, in which an investigation found that a technology company allegedly deceived hospitals on the accuracy of patient information it provided to hospitals. In addition, the Department of Justice issued an update that set expectations for organizations to ensure safe and reliable use of AI.

“Whether it’s something in the [electronic health record] to help drive billing, or whether it’s generative and helping you make decisions, the expectation is that you will deploy it in a manner that’s safe,” Shuren said.

As AI’s influence on health care grows, so does the risk of malpractice through its possible contribution to medical errors. The ophthalmic community must establish an AI diligence checklist that ensures it properly understands AI before implementing it.

“I don’t think this is something that any one practice can do,” Shuren said. “I think this is something that community has to do.”

Guidelines for AI should prioritize proper training for its use, establish diverse data sources to mitigate bias, ensure that patient data is properly stored and protected and require continued alignment with industry standards and technology advancement.

“Keep the medical and ophthalmology communities coming together to help build standards, protect and learn from one another,” Shuren said.

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Sources/Disclosures

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Source:

Shuren A. Health law year in review. Presented at: Hawaiian Eye 2025; Jan. 18-24, 2025; Koloa, Hawaii.

Disclosures:
Shuren reports no relevant financial disclosures.

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