FHC #135: Diving Deep into AI-medical malpractice & FTC’s non-compete ban

This month’s “Diving Deep” episode, part of the Fixing Healthcare podcast series, delves into a pair of stories that will have a significant impact on the U.S. healthcare workforce. Cohosts Dr. Robert Pearl and Jeremy Corr explore the intricate legalities surrounding medical malpractice in the age of AI, as well as the Federal Trade Commission’s (FTC) recent rule to ban non-compete clauses.

The episode begins with an in-depth look at a new set of liability issues in medicine: What happens when AI harms a patient? Dr. Pearl discusses how concerns among clinicians are shifting—from AI reliability to liability. Highlighting insights from Michelle Mello, a professor of law and health policy at Stanford University, the segment addresses the complexities of determining liability when AI tools are involved in patient care. Dr. Pearl outlines key considerations for healthcare professionals, emphasizing the importance of understanding AI’s limitations, negotiating terms of use with AI developers, and staying informed about the legal landscape.

Next, the conversation transitions to the FTC’s groundbreaking decision to ban non-compete agreements. This ruling, set to take effect in September, is anticipated to have a profound impact on the medical profession by boosting career mobility, increasing competition and potentially reducing healthcare costs. Dr. Pearl and Jeremy Corr discuss the winners and losers of this new regulation, focusing on how the ban will benefit newly trained clinicians and patients in competitive healthcare markets while posing challenges for large health systems and hospital administrators.

Click play to learn more or check out the various links below for additional information.


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Dr. Robert Pearl is the author of “ChatGPT, MD: How AI-Empowered Patients & Doctors Can Take Back Control of American Medicine.” All profits from the book go to Doctors Without Borders.

Fixing Healthcare is a co-production of Dr. Robert Pearl and Jeremy Corr. Subscribe to the show via Apple, Spotify or wherever you find podcasts. Join the conversation or suggest a guest by following the show on Twitter and LinkedIn.