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The use of AI and telehealth has exploded in healthcare since the pandemic, offering both convenience and innovation but also introducing a new frontier of medical liability and legal uncertainty. In this episode of the Di Pietro Partners Podcast, Senior Partner and healthcare law attorney Nicole Martell joins Kevin Kohlert to unpack the key legal challenges physicians and healthcare businesses face as they adopt new technologies.
Nicole is an experienced trial attorney who represents both plaintiffs and providers in complex medical malpractice and healthcare litigation. In this episode, she breaks down where the law stands today, where it’s falling behind, and how practices can stay compliant while embracing the future of medicine.
The Rise of AI and Telehealth in Florida
Since COVID-19, Florida has seen massive growth in:
- Telehealth services (especially for behavioral health, post-op care, and urgent triage)
- AI tools for diagnostics, patient monitoring, imaging, and even documentation support
But with these tools come new questions:
- Who is liable if an AI tool gives a bad diagnosis?
- What legal standards apply when a provider is practicing across state lines?
- Are physicians properly trained on the digital tools they’re using?
Standard of Care: Still on the Doctor
Nicole makes it clear: under current law, physicians are still responsible for care decisions even when assisted by AI.
“AI should be seen as a tool, not a replacement for a doctor. Until the law catches up, providers must maintain their independent clinical judgment and document how they’re using these tools.”
If a malpractice claim is filed, plaintiffs’ attorneys will ask:
- Was the provider trained on the AI platform?
- Was the algorithm reliable or biased?
- Did the provider rely on AI inappropriately, or ignore their medical judgment?
How AI Can Reduce (or Increase) Liability
When used properly, AI can:
- Catch abnormalities in imaging that a busy provider might miss
- Speed up documentation or identify high-risk patients faster
- Support but not replace clinical decision-making
When misused, AI can:
- Introduce bias or error if the underlying data is flawed
- Create exposure if the tool wasn’t vetted or cleared by the FDA
- Lead to false security that delays real medical intervention
Nicole’s advice: “Document how you’re using the tool, what your independent review involves, and make sure consent forms and disclosures are updated.”
Regulatory Landscape: What Practices Need to Know
Government oversight is catching up fast. Practices must stay on top of:
- FDA’s Software as a Medical Device (SaMD) framework for AI tools that diagnose or treat
- FTC enforcement around misleading claims about AI-powered services
- HIPAA compliance with cloud-based tools and remote care data transfers
Additionally, Florida’s Telehealth Statute (§456.47) requires:
- Registration for out-of-state providers
- Identity verification for patients
- Clear disclosures and documentation
“Practices should create internal policies for AI and telehealth use, including how tools are reviewed, what data is used, and when a provider can override a system recommendation.”
How Di Pietro Partners Helps Providers Embrace Tech Safely
Nicole outlines several ways Di Pietro Partners supports healthcare clients adopting AI or telehealth:
- Reviewing software vendor contracts & consent forms
- Drafting HIPAA disclosures and patient notifications
- Training staff on legal-safe use of tech tools
- Ensuring tools are FDA-compliant or risk-mitigated
- Crafting documentation protocols to defend against malpractice claims
- Monitoring developments from the FDA, FTC, and evolving case law
“Our job is to help providers innovate while staying protected. The future of medicine is digital, and we’re here to help clients stay ahead of both the technology and the law.”
Embracing Innovation Without Legal Exposure
The future of healthcare is here. But adopting AI and telehealth tools without a legal strategy is a risk providers can’t afford.
To stay compliant, minimize liability, and protect your patients and practice, consult with a healthcare attorney who understands both the technology and the regulations shaping this new era of medicine.