Aipedia: Doctors and medical practices

Does medical indemnity cover AI mistakes?

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

Medical indemnity usually covers clinical negligence claims involving AI tools, provided a human clinician remained the decision maker and the use was within the doctor's practice. Autonomous systems, software defects, product liability and data breaches may be excluded, as they are in one defence organisation's published position.

Part of: AI in doctors and medical practices

In short

Every licensed doctor who practises must have appropriate indemnity under Medical Act 1983 s44C. For AI-assisted care, one defence organisation's published underwriting position offers help only where a human remains the decision maker, the AI use is within the member's specialty and the member complies with law and national guidance. It excludes fully autonomous systems, product liability, system failures or defects, data loss or breach, and remote robotics. Defence organisation benefits are discretionary. Insured medical malpractice policies vary, so check the wording and tell your insurer how you use AI.

The legal requirement

Under section 44C of the Medical Act 1983, a licensed doctor who practises must have "an indemnity arrangement which provides appropriate cover", which may be insurance, an indemnity or both. The GMC can refuse or withdraw a licence without it. No minimum limit is set by law or the GMC, but GMP Domain 4 says cover must reflect the full scope of practice and should be kept under regular review. If you start using AI in a new way, such as a patient-facing chatbot or AI-assisted medico-legal work, that is a change in practice worth reviewing. See doctors and indemnity: the GMC requirements.

What defence organisation cover says about AI

One medical defence organisation has published an underwriting position on AI and robotics in healthcare. In summary:

Conditions: assistance is available only where "a human remains as the decision maker", the AI use is within the member's specialty, and the member complies with law and national guidance.
Excluded: fully autonomous systems; product liability for design, build or distribution; system "failure, defects, or technical limitations"; data loss or breach; and robotics where member, device and patient are not in the same place.
Experts: members must tell instructing solicitors when AI was used in medico-legal reports.

Defence organisation benefits are discretionary, and the organisation states it is not an insurance company. That means there is no contractual right to assistance, and the conditions above are likely to be taken into account when a request is considered.

Insured medical malpractice policies

Doctors in private practice, private clinics and some specialties buy insured medical malpractice or professional indemnity policies. These give contractual rights, but wordings differ. Common features to look for are the definition of the professional services covered, whether claims arising from software or technology are excluded, whether cover extends to services delivered remotely, and any data breach or cyber exclusion. Some policies are silent on AI, which usually means AI-assisted care is treated like any other professional service, subject to the terms. See AI exclusions and clauses.

Where the gaps are

Autonomous use: if a tool makes or communicates decisions without clinician review, cover may not respond.
Faulty software: product liability belongs with the supplier, but recovery is uncertain. One defence organisation has argued AI is not clearly a "product" under the Consumer Protection Act 1987 and called for legislation; the government has not committed to reform.
Data breaches: may be excluded from medical indemnity and are outside NHS schemes; see data breach cover.
NHS work: NHS clinical negligence is usually covered by CNST or CNSGP, but regulatory hearings are not.

The government's response to the National Commission says NHS England and NHS Resolution will continue to progress guidance on indemnity (Rec 24), so the position may become clearer.

Illustrative scenario

A private clinic sets up an AI tool that reviews patient questionnaires and sends treatment advice directly, with a doctor checking only a sample. A patient is harmed by advice the doctor never saw. The doctor seeks help, but the use looks like a fully autonomous system and the doctor was not the decision maker for that patient. Assistance may be refused or limited, and the clinic's other policies may not respond to clinical advice.

Steps to keep cover intact

Keep a clinician as the decision maker for every clinical output, and record your review.
Use AI only within your specialty and for the tool's intended purpose.
Follow national guidance, such as NHS England's ambient scribing guidance, and the GMC's expectations.
Tell your defence organisation or insurer about new AI uses, especially patient-facing ones.
Check supplier contracts for product liability and data breach responsibility.
Arrange cyber cover for data incidents.
Document how you use AI; see what to document.

How Apex helps

Apex arranges medical malpractice and professional indemnity for doctors and clinics. A broker reviews your cover and how your policy treats AI-assisted work, including gaps for software, data and regulatory matters.

Sources

Frequently asked

Will my indemnity cover a mistake made using AI?

Usually, if a human clinician remained the decision maker, the use was within your practice and you followed law and guidance. Defence organisation help is discretionary, and insured policies depend on their wording, so check how your arrangement treats AI.

What AI risks may be excluded?

Fully autonomous systems, product liability for the software itself, system failures or defects, data loss or breach, and remote robotics are excluded in one defence organisation's published position. Insured policies vary and may contain data breach and product exclusions.

Do I need to tell my insurer I use AI?

It is sensible, especially for new or patient-facing uses. GMP Domain 4 says cover must reflect your full scope of practice and be reviewed regularly, and insured policies commonly require you to disclose material changes in your activities.

Check your indemnity covers how you use AI

Tell us about your practice and the work you do. A broker will review how your current cover treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.