If an AI tool contributed to a misdiagnosis that caused harm, you may have a medical malpractice claim. In New Jersey, doctors and hospitals are still accountable, even when technology is involved. This article explores how artificial intelligence is being used in health care, the legal risks it introduces, and what patients can do if something goes wrong.
At The Law Offices of Andres, Berger & Tran, we understand how devastating a medical error can be, especially when you're left wondering whether technology played a role. If you're seeking answers after a misdiagnosis, we're here to help you understand your rights and legal options in New Jersey.
How Is AI Being Used in Healthcare Today?
Artificial intelligence is no longer just a futuristic concept—it’s becoming an everyday part of health care in New Jersey and across the country. A 2024 survey by the American Medical Association found that 66% of physicians now use AI tools for tasks such as:
Administrative Uses of AI:
- Documenting billing codes, visit notes, and progress reports
- Drafting discharge instructions and care plans
- Translating medical information into patient-friendly language
- Summarizing medical research and best-practice guidelines
Clinical Uses of AI:
- Providing assistive support in diagnosing certain conditions
- Flagging abnormal results on imaging scans
- Recommending treatments based on patient data
These tools are designed to enhance accuracy and efficiency, but they also introduce risks, especially when diagnoses are missed, delayed, or flat-out incorrect.
Can AI Contribute to a Medical Misdiagnosis?
While AI tools can streamline care, they can also lead to serious mistakes. These systems are typically trained on large datasets, and if that data is flawed, biased, or incomplete, the recommendations can be too.
Examples of AI-Related Diagnostic Failures
- Missing a tumor on an imaging scan
- Mistaking stroke symptoms for a migraine
- Recommending an inappropriate treatment plan
- Overlooking critical history due to poor EHR integration
Even when a physician isn’t directly responsible for generating an AI-driven error, they are still expected to exercise independent clinical judgment. If they fail to do so, and the patient is harmed, they may be held liable under New Jersey law.
Who’s Liable for an AI Misdiagnosis in New Jersey?
Under New Jersey malpractice law, liability is still based on human negligence. Doctors, hospitals, and health care providers are required to exercise judgment—even when AI tools are used.
At The Law Offices of Andres, Berger & Tran, we understand the complexities of these cases and how to uncover the human decisions behind the technology. Here’s how liability is often determined:
Physician Oversight
Doctors remain responsible for reviewing and interpreting AI-generated data. If a physician blindly relies on a tool and a mistake occurs, they can still be held accountable.
Hospital or Health System Negligence
Hospitals are responsible for ensuring the tools they use are vetted, properly integrated, and supported with staff training. If they fail to do so, they may be liable.
Software Developers or AI Vendors
In some cases, AI manufacturers may share responsibility. If the system malfunctions, lacks warnings, or has design flaws, it could lead to a product liability claim. These types of claims are often handled as product liability cases and may involve additional complexities in proving fault.
How Does New Jersey Define Medical Negligence?
To bring a successful AI-related malpractice claim in New Jersey, a plaintiff must show:
- A doctor-patient relationship existed
- The provider owed a duty of care
- That duty was breached (through action or inaction)
- The breach caused harm to the patient
When AI is involved, the key legal question becomes whether providers used the tool appropriately and whether they met their obligation to verify its outputs.
Can You Sue If You Didn’t Know AI Was Used in Your Diagnosis?
Many patients are unaware that AI might be involved in their care. This lack of transparency is an emerging issue. Informed consent requires patients to be aware of the nature, risks, and alternatives related to their treatment.
If you were misdiagnosed and later learned that your doctor relied on AI—without your knowledge or consent—that lack of disclosure could strengthen your legal claim, especially if you would have made different choices had you known.
Addressing Misconceptions About AI and Medical Malpractice
When AI is involved in a medical error, it’s easy for confusion to arise about who is ultimately responsible. Patients may hear conflicting explanations or assumptions about who’s at fault—and whether legal action is even possible. Below are a few common misconceptions, along with clarification on how liability actually works under New Jersey law:
1. “It Was the AI’s Fault, Not the Doctor’s.”
AI is a clinical tool, not a decision-maker. Health care providers remain responsible for interpreting results, exercising professional judgment, and ensuring any recommendations are appropriate for the patient.
2. “The Technology Was FDA-Approved.”
Even if an AI medical tool is cleared by the FDA, it must still be used appropriately. FDA approval does not shield providers from liability if they misuse the technology or fail to verify its recommendations.
3. “Every Diagnosis Has Uncertainty, Errors Happen.”
While no system is perfect, medical professionals are still required to meet the accepted standard of care. That includes understanding the capabilities and limitations of AI tools—and using them with proper oversight.
What to Do If You Suspect a Misdiagnosis
If you or a loved one suffered harm because of a missed or delayed diagnosis, and you suspect that AI technology may have been used in your care, take these steps:
- Request your full medical records including diagnostic reports and provider notes.
- Document your timeline of symptoms, appointments, and medical advice.
- Speak with a qualified New Jersey medical malpractice attorney.
- Act promptly, the statute of limitations is typically two years from the date of injury or when the harm should have been reasonably discovered.
Your Rights Matter. So Does Your Recovery.
AI may be part of modern medicine, but it doesn’t override your right to competent care. If a misdiagnosis occurred and AI played a role, you deserve answers and the opportunity to explore your legal options.
Get Trusted Guidance for Your AI Misdiagnosis Claim in New Jersey
At The Law Offices of Andres, Berger & Tran, we represent individuals and families across New Jersey, including Cherry Hill, Camden, Voorhees, Mount Laurel, Moorestown, Haddonfield, Trenton, Atlantic City, Edison, and throughout Camden, Burlington, Mercer, Middlesex, Gloucester, and Atlantic Counties.
Our attorneys have extensive experience handling New Jersey medical malpractice claims, including those involving emerging technologies and diagnostic errors. We’re here to help you understand your rights and what steps you can take.
Your consultation is free, confidential, and comes with no pressure to file a claim before you’re ready.
Contact Andres, Berger & Tran today to find out how we may be able to help you move forward with confidence.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not establish an attorney-client relationship. To get legal advice specific to your situation, please consult a qualified New Jersey medical malpractice attorney.