Penggunaan AI cetus persoalan baharu mengenai liabiliti profesional, kata peguam negara

Paguam Negara Dusuki Mokhtar has stated that the growing use of artificial intelligence (AI) brings new questions regarding professional responsibility and legal liability. Speaking at the Financial Lines Forum 2026, Mokhtar emphasized that professionals must understand the level of trust and limitations of AI systems, and know when to question the results generated by the technology.

He asked who is responsible for reviewing the outcomes, and when doctors, managers, or other professionals should challenge the suggestions of the system. Mokhtar noted that institutions employing AI need to understand the purpose of the technology, the risks it entails, and the protective measures required to manage the associated risks.

He stressed that while AI can assist in professional considerations, effective human oversight remains crucial.

The issue, according to Mokhtar, is not only about technology but also about management, professional responsibility, and human supervision, which could affect legal liability and insurance in sectors like healthcare and corporate decision-making. In the context of medical practice, he underscored the need for the government, as the main provider of healthcare services, to balance patients' rights with the realities doctors face when making clinical decisions in uncertain situations.

Mokhtar clarified that not every clinical error or complication can be considered an exception. Clinical decisions should be evaluated based on the available information at the time of the decision, not just after the event, he added.

Regarding corporate governance, Mokhtar expects company managers to fulfill their responsibilities appropriately and pay sufficient attention to the decision-making process, which is as important as the final outcome. "What question are you asking? What known risks are there? Have conflicts been handled appropriately?" he added.

Mokhtar said liability insurance for directors and officers can help mitigate the financial impact of claims against the company and its directors, but it cannot replace good decision-making, proper internal control, or professional advice. The forum, co-organized by the University of Malaya, gathered professionals from fields such as law, healthcare, corporate, insurance, and other sectors to discuss medical negligence, director liability, insurance, reinsurance, and emerging risks arising from AI.