Oct 09, 2025 in News --> Medication Errors

How Artificial Intelligence is Changing Healthcare and What It Means for Medical Malpractice Cases in Ontario

Artificial intelligence (AI) has rapidly transitioned from a concept of the future to a central component of healthcare delivery in Ontario and across Canada. AI technologies, such as machine learning algorithms used in diagnostic imaging and natural language tools like ChatGPT integrated into patient triage, are now essential elements in complex medical decision-making.

While these technologies promise faster diagnoses and unprecedented efficiencies, their integration introduces new, highly complex legal issues. For patients harmed during AI-assisted treatment, the nature of a medical malpractice lawsuit is fundamentally changing. This technological shift is redefining the standard of care, complicating the role of human oversight, and changing where legal liability may rest.

AI and the Evolving Standard of Care in Ontario

Historically, a medical malpractice claim in Ontario was judged solely on whether a doctor or healthcare provider met the established "standard of care"—what a reasonably competent professional would have done in the same circumstances. That standard is now evolving in real-time.

Today, diagnostic AI systems can analyze thousands of medical images in seconds, often identifying subtle issues with greater consistency than a human specialist. Similarly, AI-powered chat systems are assisting doctors by monitoring electronic health records, generating initial diagnostic suggestions, and streamlining patient communication.

The central legal question now confronting the courts is whether failing to use available AI tools demonstrates negligence, or whether over-relying on them introduces new risks. For example, if a hospital adopts an AI diagnostic system known to improve accuracy, does a physician who chooses not to use it, and subsequently misses a key diagnosis, fall below the new standard of care? As the adoption rate increases, the courts must grapple with this new technological floor for competent medical practice.

New Threats: Where Malpractice Claims Arise in the Age of AI

The efficiency promised by AI comes with specific vulnerabilities that open up new avenues for litigation. For individuals who suffer harm in these instances, consulting an experienced medical malpractice lawyer Toronto professionals recommend is crucial. Medical negligence cases are already hard to deal with. If you add AI to the mix, you need a lawyer that knows both traditional medical legislation and how new technologies work.

Potential scenarios leading to malpractice charges include:

 
• Misdiagnosis due to AI Over-reliance: A physician may trust inaccurate AI-generated results, overriding their own clinical intuition, leading to delayed or incorrect treatment. The question becomes: when does trust in the algorithm become clinical negligence? When discussing the high stakes of delayed care, the principle is similar to cases involving understanding delayed C-sections and how they can lead to birth injuries.
 
• Data Bias and Inequity: If an AI model is primarily trained on data sets that lack demographic diversity, it may perform poorly or inaccurately for certain segments of the Ontario patient population. Harm caused by such systemic technical bias can form the basis of a malpractice claim rooted in data failure.
 
• Failure to Maintain and Update: AI models require constant monitoring, updating, and validation. If a hospital or software provider fails to maintain the system, and that lapse leads to an outdated or flawed diagnosis, liability may extend beyond the treating physician.
 
• Lack of Informed Consent: Patients must understand the risks of treatment. If a patient is not informed that a critical part of their care (like a biopsy analysis) is being performed by an autonomous algorithm rather than solely by a human specialist, questions about informed consent may arise.

Navigating the Labyrinth: The Role of a Medical Malpractice Lawyer

Handling AI-related malpractice claims requires specialized expertise that goes far beyond traditional health law. Today’s personal injury and medical malpractice lawyers must meticulously investigate:

 
1. Algorithmic Error: Did the AI model contain a flaw (a technical defect)?
 
2. Human Error: Did the doctor misuse the tool (negligent operation)?
 
3. Institutional Error: Did the hospital fail to train staff or institute proper oversight protocols (systemic negligence)? The challenge here mirrors the complexities faced when dealing with institutional failures like those seen concerning birth injuries and emergency delays in Sudbury’s medical system.

Selecting the right lawyer is critical when a case involves both complex medical evidence and emerging technology. A lawyer experienced in these hybrid claims can evaluate the entire chain of events—from software performance metrics to hospital implementation policies—to secure the necessary expert testimony and build a robust litigation strategy.

Patients should understand that litigation is evolving. During the discovery phase of a malpractice action, it may soon become routine to request detailed information about AI’s role in a patient’s care, including source code documentation and training data logs. These technical demands go far beyond the scope of traditional medical negligence claims.

Liability and Accountability in the Canadian Regulatory Landscape

The Canadian government, through bodies like the Advisory Council on Artificial Intelligence, has acknowledged the profound effect of AI on health care and is actively developing guidelines to balance innovation with patient safety. These regulatory guidelines are critical, as they will directly influence how courts assign responsibility in future AI malpractice cases.

Under current principles, potential accountability can be mapped across several parties:

 
• The Physician: The ultimate legal responsibility for patient care still rests with the treating physician. If a doctor blindly accepts an AI recommendation without applying their own clinical judgment, they are liable for the resulting harm, as they remain the primary decision-maker.
 
• The Hospital/Institution: The hospital can be held liable for institutional negligence if it fails to ensure adequate training for its staff, implements a known faulty system, or lacks proper oversight protocols for AI use. This highlights the ongoing challenge of medical errors in Canadian hospitals that exist independently of AI.
 
• The Software Developer/Manufacturer: Liability may extend to the developer under product liability law if the AI algorithm itself is defective, was improperly tested, or lacked clear instructions or warnings regarding its limitations. This introduces complex legal questions about whether an algorithm is a "product" or a "service."

Ultimately, regulatory guidelines will increasingly define the duty of care. A hospital may be deemed in breach of a duty of care if it uses an advanced AI tool without securing the appropriate internal validation or ensuring robust human supervision, regardless of the technology's overall accuracy.

Why Legal Support is Essential

As AI continues to change healthcare, patients in Ontario must know that their rights remain paramount. Whether the malpractice was caused by a human error, a machine failure, or a complex blend of the two, individuals who are hurt need their cases heard.

When you choose a medical malpractice lawyer who has been around for a while, they will look into every possible way to hold someone responsible, whether it's a doctor, a hospital, or even the AI creator. Litigation in this area is still growing, but effective advocacy can help set key examples.

If you or someone you care about has been hurt because of claimed medical negligence, whether it was AI systems or traditional treatment, getting in touch with a medical malpractice lawyer is the essential first step. A well-informed advocate can assist in determining whether an AI tool was responsible for negligence, ensure that the appropriate questions are addressed, and provide families with guidance through an often complex legal process.