AI use raises new questions of professional liability, says AG
Professionals must know when to question AI output and remain accountable for decisions, says Dusuki Mokhtar.
Attorney-General Dusuki Mokhtar stated that the increasing use of artificial intelligence (AI) is raising new questions about professional responsibility and legal liability. He emphasized that professionals, including doctors and company directors, must understand the reliability and limitations of AI systems and know when to question their output.
Dusuki highlighted that while technology may assist professional judgment, effective human oversight remains crucial. He noted that the issue involves not only technology but also governance, professional responsibility, and human oversight, with potential consequences for legal liability and insurance. Dusuki stressed that institutions adopting AI must understand the reasons for its use, the associated risks, and the necessary safeguards to manage those risks.
He emphasized that this is particularly important given the growing use of AI in healthcare and corporate decision-making. Regarding medical negligence, the government, as a major healthcare provider, must balance patient rights with the challenges faced by doctors in making clinical decisions. Dusuki indicated that not every error of judgment, adverse outcome, or medical complication constitutes negligence.
The assessment of clinical decisions should be based on the circumstances and information available at the time, rather than solely through hindsight. He also stressed that damages in medical negligence cases should be based on proven loss and established legal principles, rather than sympathy or emotion. Dusuki emphasized that directors are expected to exercise proper care and attention, and the decision-making process is as important as the outcome.
He pointed out that directors' and officers' liability insurance can provide financial protection for companies and their directors, but it cannot replace good decision-making, proper internal controls, or professional advice. The forum, organized with Universiti Malaya, brought together professionals from various fields to discuss medical negligence, directors' liability, insurance, reinsurance, and emerging risks from AI.
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