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The AI Clinic

The AI Clinic · Issue 018AI governance & liability

Ask who's responsible.

The AMA's four questions for any AI agent in your clinic

By Mark Kargela, PT, DPTOctober 20, 20265 min read

Two stories this week ask the same question from opposite ends. The AMA wants to know who's responsible when an AI agent acts on its own. Insurers are asking who pays when it gets it wrong. If you run a practice, you're the one in the middle.

In 30 seconds
  • The AMA's governance framework for agentic AI boils down to four questions: what the AI does, what shows it works, what it's allowed to do, and who's responsible.
  • The Wall Street Journal reports insurers are unsure how to cover AI risk, and the businesses using AI tools are exposed too.
  • A JMIR scoping review found only 27 studies on what generative AI teaching tools do for medical students, and none measured behavior change.

The Big Story

The AMA's four questions for any AI agent in your clinic

The American Medical Association released a governance framework for agentic AI, the kind that carries out multi-step tasks instead of answering one question at a time. The starting principle is that an agent doing clinical work has to be backed by evidence and keep performing well. Then it boils down to four questions. What clinical function is the AI performing? What shows it can do that, and what happens if it fails? What should it be allowed to do, and under what conditions? Who is responsible for the risks and outcomes?

The timing matters. Healthcare Dive points to a recent survey of 250 U.S. healthcare leaders where about 28% said they've already deployed agentic AI and 44% are piloting it. And 72% said these tools sometimes get rolled out without IT approval.

Mark's read: This is guidance, not regulation, and it's written for physicians. You don't need to be one to use it. Those four questions work on a scheduling bot or an intake agent as well as on a diagnostic tool. The one I'd push hardest is the last. If the vendor's answer to "who's responsible" is a shrug and a terms-of-service link, you have your answer. Pair this with the next story before you sign anything.

Read the story

The Rounds

Insurers aren't sure they want AI risk

The Wall Street Journal reports that a run of AI safety incidents, from agents hacking websites to chatbots accused of encouraging self-harm, is exposing a gap in insurance. AI developers face potential liabilities in the billions, and the businesses using their tools are exposed too. Claims could outgrow what existing policies cover.

Mark's read: Most of the story is about the big AI companies, but the second half of that sentence is about you. Call your malpractice and general liability carriers and ask one plain question: if an AI scribe or chatbot we use makes an error, are we covered? Get the answer in writing. My guess is a lot of carriers haven't decided yet.

Read the story (WSJ, paywall)

In the Clinic

A good average can hide who the AI is failing

A narrative review in Clinical and Experimental Emergency Medicine, from a team at Akita University in Japan, lays out fairness for language models in the ED in three layers. The data layer covers biased training and prompt data, like records with non-random gaps or stigmatizing language. The output layer asks whether its recommendations and instructions are equally accurate for every patient group, even when overall accuracy looks strong. The human layer asks whether clinicians over-trust or ignore the tool, and whether patients can access and understand what it tells them.

Mark's read: It's a narrative review, so there's no new data here. It is a clean checklist, though, and it travels well beyond the ED. When a vendor quotes you one accuracy number, ask for it broken out by age, language, and payer. That third layer is ours. A perfect tool still fails the patient who can't read the discharge instructions it wrote.

Read the review

For Owners

The pitch is moving from notes to the whole back office

Confido Health raised a $12.5 million funding extension to expand CareOS, a platform built to automate practice operations like scheduling, insurance verification, billing, and patient outreach. The company frames it as moving practices from systems that store records to systems that take action.

Mark's read: Expect a lot more "we'll just do it for you" pitches in the next year. That's exactly where the AMA's third question earns its keep. Before any tool books, bills, or messages a patient on its own, decide in writing what it's allowed to do without a person signing off.

Read the headline

Academic Corner

Med ed's AI research mostly skips the student

A scoping review in the Journal of Medical Internet Research looked for studies on what generative AI teaching tools actually do for undergraduate medical students. Only 27 made the cut. Of those, 23 measured how students reacted, 16 looked at learning outcomes, and none measured whether behavior changed. Meanwhile, 119 studies the team screened had no student-facing intervention at all, and 110 were about how well the AI performed. The authors propose a road map, called TIED, that asks educators to design for how, for whom, and under what conditions a tool helps students learn.

Mark's read: That ratio says it all. We have a pile of papers on whether the chatbot passes the exam and almost nothing on whether the student got better. If you're adding AI to a DPT course, plan how you'll measure the learning before you launch the tool. "Students liked it" is the floor, not the finding.

Read the review

Model Watch

Google ships Gemini 4 Argon

Google DeepMind released Gemini 4 Argon on October 13, its new top model. It's in the Gemini app for Google AI Pro and Ultra subscribers and in the API at an introductory $2 per million input tokens and $10 per million output tokens, rising to $4 and $20 after November 30. In the launch post, Ambience Healthcare says that on more than 200 synthetic patient charts, Argon had the highest recall and ICD-10 code specificity of the models it tested, and that it's now validating on real records.

Mark's read: Synthetic charts, quoted in the company's own launch post. That's a vendor testimonial, not a study. If you're a Pro subscriber, try it on a non-patient task you already know the answer to, like a lit summary on a paper you've read, and see whether it's better than what you use now.

Read the launch post

Try This

Run your current AI tools through the four questions

List every AI tool your practice uses, including the ones staff picked up on their own. For each one, write one line per AMA question: what it does, how you know it works, what it's allowed to do without a person, and who owns the outcome. Any blank line is your to-do list. Then send the list to your insurance carrier with the coverage question from above. It's an hour of work, and you'll know more about your risk than most practices do.

The last word

Has your carrier ever asked you about AI? Or have you asked them? Hit reply and tell me what they said.

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