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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Read Bio
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Key Takeaways
As hospitals continue to integrate AI into their workflows, most patients would assume that their doctors are using it as a tool and not a crutch. However, some providers have begun relying on AI to make diagnostic decisions, a practice that may pose significant risks for patients.
When an AI makes a misdiagnosis and a doctor fails to properly evaluate and double-check the results, the doctor may become liable for medical malpractice. In this guide, the experienced malpractice lawyers at Levin & Perconti explain how hospitals are using AI and what you should do if you’re harmed by an AI misdiagnosis.
How AI Is Being Used to Diagnose Patients in Hospitals Today
Hospitals will rarely notify patients in advance that their procedures or treatments involve AI, so many won’t realize the extent to which it’s being used. Ways that AI is now involved in diagnostics include:
- Imaging interpretation
- Lab processing
- Treatment planning and support
- Predictive modeling
The Risks Patients Face When AI Gets It Wrong
One study found that AI mortality prediction models failed to recognize up to 66% of critical injuries in test cases. When put in practice, a failure rate that extreme can cause significant risks to patient safety.
Here are some of the most common diagnostic errors caused by AI and the consequences patients may face:
- Missed diagnoses: An AI may fail to recognize a condition most medical professionals would likely catch with good-faith effort, potentially leading to delayed treatment. A missed diagnosis can be especially harmful in serious cases, such as a tumor progressing to the point where it’s no longer treatable.
- False positives: An AI may diagnose a condition you do not actually have, and if a doctor does not catch the error, you could risk an unnecessary procedure.
- Misapplied outputs: A doctor may begin to over-rely on AI models, directly applying information provided without considering the patient’s medical history or their own expertise. If an AI model recommends a best-practice treatment that involves a medication a patient is allergic to, their doctor would be liable for failing to adjust the treatment.
What Illinois Law Now Says About AI in Healthcare
While AI is an emerging technology that the law has yet to catch up with, Illinois is serving as an early leader in regulating the use of AI in healthcare. In August 2025, Gov. JJB Pritzker signed the Wellness and Oversight for Psychological Resources Act (WOPR), a state law that bans the direct use of AI in mental health and psychotherapy treatments.
The WOPR Act signals a trend toward increased legal accountability for medical professionals who provide substandard care because of AI use.
Your Rights as an Illinois Patient When AI Is Involved in Your Care
Under the WOPR Act, you have the right to transparency about the use of AI by your mental health provider. The law only allows therapists to use AI for supplemental and administrative purposes, and they must ask you for informed written consent before using AI to take notes or transcribe during your session.
For general medical treatment, AI use does not change your right to privacy or information about your treatment. You can ask your healthcare providers specific questions about your diagnosis and how they arrived at it, and you’re entitled to full access to your medical records. These documents can help you analyze whether you may have experienced an AI-related misdiagnosis.
Who Is Legally Responsible When AI Causes a Misdiagnosis in Illinois?
Medical malpractice involving AI is a new field of law with complex cases and very little precedent. Multiple parties involved may be liable for harm caused by a misdiagnosis, including:
- The doctor in charge of your treatment, who should have caught the misdiagnosis before moving forward
- The hospital, as its medical practices and processes fell below acceptable care standards if they allowed an AI misdiagnosis to injure you
- Possibly the AI product’s developer, though the degree of potential liability is still uncertain
You generally have two years after discovering an injury to pursue a misdiagnosis lawsuit in Illinois, so it’s important to take action quickly. An experienced Chicago medical malpractice lawyer can explain your legal options and help you plan the best path forward.
What to Do If You Believe AI Contributed to a Diagnostic Error
If you suspect an AI-related misdiagnosis has impacted your medical treatment, you should start building your case immediately. Your next steps should include:
- Document everything. Take thorough notes on your experiences, and request your full medical records, including test results and notes from your healthcare providers.
- Seek a second opinion. Take your documents to an independent medical professional and have them examine what they would have done differently.
- Don’t sign anything. If your doctor or the hospital asks you to sign a release or agree to an early settlement payment, make sure to review the documents with an experienced lawyer before agreeing to anything you might regret later.
- Consult with an attorney. Reach out to a trusted medical malpractice lawyer and schedule a meeting to discuss your case, go over the evidence, and determine your next move. An attorney experienced in AI-related cases will have the best understanding of how to help you.
Can an AI Error Be Considered Medical Malpractice?
AI-related medical error cases still fall under the traditional criteria for malpractice claims:
- The provider owed you a duty of care as a patient.
- The provider breached that duty by failing to adhere to accepted professional standards of care.
- The provider’s breach directly caused your injury.
- As a result of that injury, you suffered damages that you can recover through a legal claim.
For an AI-involved misdiagnosis to be malpractice, the healthcare provider must have used AI in a way that fell below the acceptable standard of care. A doctor would not be liable for a missed diagnosis in a case where an AI program made the same recommendation the doctor would have come to on their own through ordinary diligence. If the AI recommended a clearly flawed diagnosis that the doctor accepted without question, they may be liable for malpractice for breaching the standard of care.
Contact Our Illinois Medical Malpractice Lawyers
If you believe you’ve been harmed by an AI misdiagnosis, the trusted legal team with Levin & Perconti is here to help.
As pioneers in nursing home abuse litigation, we know how to navigate an emerging area of law and deliver results for our clients. Our attorneys have over 400 years of combined experience and have helped recover over $2 billion in verdicts and settlements for people like you.
Contact us online or call (312) 332-2872 today to schedule your free consultation.
