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This analysis finds AI poses unique liability challenges in prescribing advice, suggesting clinicians may need to evaluate AI inputs.
AI chatbots increasingly provide patients with prescribing-level advice, often without physician involvement. Under US law, we argue that the learned intermediary doctrine, which has long governed drug-manufacturer liability for failure to warn, operates differently across two emerging pathways: AI behind the clinician, and AI advising patients directly. The more urgent implication lies elsewhere, under ordinary medical malpractice: clinicians may be required to screen patients for AI-sourced prescribing advice.
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Etkin et al. (2026) studied this question.
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