Volume 223 - Issue 11

Using generative artificial intelligence in clinical practice: a narrative review and proposed agenda for implementation

Authors:  Ian A Scott, Sandeep Reddy, Tanya Kelly, Tim Miller and Anton Vegt

Med J Aust 2025 || doi: 10.5694/mja2.70057
Published online: 24 November 2025

A review of current literature on generative artificial intelligence applications in clinical practice, focusing on clinical documentation, operational efficiency, patient safety, clinical decision making and patient self-care

Generative artificial intelligence (GenAI) is any computer system capable of generating text, images, or other types of content, often in response to a prompt or question entered through a chat interface. GenAI comprises large language models (LLMs) and other general‐purpose foundation models powered mostly by generative pre‐trained transformer (GPT) deep learning technology. Compared with traditional AI models using single data modalities for specific classification or prediction tasks, GenAI comprises task‐agnostic, increasingly multimodal models that learn shared representations of different data types and, using suitable prompts, may perform never‐before‐seen tasks.1 GenAI tools (also termed solutions or applications) are compelling because, unlike traditional AI, they are conversant, interacting directly with humans and generating human‐like responses to prompts. These tools, in the form of ChatGPT and other GenAI chatbots, have very quickly captured the interest of researchers, clinicians and industry. Anecdotally, certain GenAI tools, such as ambient AI scribes and assistants, are already being used in many practice areas.2,3 In the UK, one in five general practitioners now routinely use GenAI for various tasks.4 At the time of submission, this rapid uptake was occurring with little guidance on what use cases (tasks or clinical indications) are most amenable to GenAI, how GenAI tools intended for clinical practice should be used, evaluated and governed, and how to safeguard reliability, safety, privacy, and consent.

In addressing these issues, we undertook a narrative review of existing literature, and using this evidence, we propose a phased, risk‐tiered approach to implementing GenAI tools, discuss risks and mitigations, and consider factors likely to influence adoption of GenAI by both clinicians and health services. Although GenAI encompasses both text and image generation, this review primarily focuses on text‐based applications in clinical practice, with image‐related applications limited to report generation rather than image generation. Box 1 contains a glossary of terms used when describing GenAI.

Methods

We searched PubMed and Google Scholar for articles published between 1 January 2022 and 31 August 2024 using search terms “generative AI”, “large language models”, “clinical practice” or “health care”. We focused on review articles and grouped them into key application domains to inform our implementation framework: clinical documentation (16), operational efficiency (20), patient safety (11), clinical decision making (42), and patient self‐care (4). Seven reviews covering all these domains were also retrieved.5,6,7,8,9,10,11 From these reviews, we extracted references outlining the problem(s) being addressed and exemplars of implemented GenAI tools used to solve them. We noted considerable heterogeneity in study design and methodological rigour and relative paucity of real‐world implementations across several domains.

A phased approach to GenAI implementation

Despite the aforementioned limitations in current evidence, our review suggests that GenAI tools could be implemented over five phases (Box 2). These are sequenced according to increasing levels of patient risk, task complexity, and implementation effort, and decreasing levels of current technical maturity and evidence of safety and effectiveness. The phased approach affords careful introduction of GenAI, beginning with tools that primarily enhance administrative efficiency (lower patient risk), progressing to those directly influencing clinical decisions and patient self‐care (higher patient risk and requiring regulatory approval).

Phase 1: relieving clerical and administrative burden by providing documentation and summarisation functions

Automating clinical documentation: Doctors in clinics can spend up to 2 hours on documentation for each hour of direct clinician–patient interaction;12 hospital residents and nurses spend up to 25%13 and 60%14 respectively of shift time on documentation. Ambient GenAI tools capable of voice transcription and note generation during doctor–patient encounters can decrease documentation time up to 25% (“keyboard liberation”),15,16,17 and allow more attentiveness to patients. Similarly, scribes in nurse–patient encounters can double the time the nurse spends on direct patient care.18 Ambient GenAI tools can also generate a readily understood patient summary,19 potentially increasing satisfaction and adherence with care. Ambient scribes could also include real‐time advice, such as highlighting missed items in history or overlooked investigation results.20

Synthesising patient information from medical records: When interviewing new patients in the clinic or on ward rounds, clinicians can spend up to a third of the encounter retrieving, reading and synthesising patient summaries from electronic medical records (EMRs) before patient contact.21 GenAI can generate easily interpreted summaries of pertinent history, investigation results and treatments more accurately than clinicians22 while reducing this familiarisation time by around 20%.23

Generating discharge summaries from EMRs: Writing discharge summaries is time consuming, error prone and often slow in reaching recipients,24 with suboptimal patient outcomes.25 GenAI can generate summaries more accurate than those of junior doctors in 90% of cases,26 are available at discharge,27 and lessen the time seniors spend in supervision for complex cases by a third.28

Optimising consent: The reading grades (school‐grade level of reading skill required for understanding) of most consent forms exceed the population average (8th grade) and often lack procedure‐specific information required for informed consent. Clinicians can use GenAI chatbots that, by inputting clinician‐verified text, could provide more comprehensible, informative and empathetic versions that take less time to read.29

Phase 2: improving operational efficiency

Automating routine administrative tasks: Scheduling clinic appointments, organising staff rosters, drafting minutes and policy documents, and coding patient records are all labour‐intensive but potentially automatable tasks. As examples, GenAI could more quickly create safer and fairer rosters,30 expedite coding for faster remuneration,31 and improve operational decision making.32

Improving hospital capacity management: Overcrowded emergency departments, access block to inpatient beds, delayed discharges and avoidable readmissions are commonplace. GenAI‐enabled patient triage and discharge planning33,34 and command and control patient flow systems could assist clinicians and bed managers in optimising bed use.35

Improving workflows in image‐based disciplines: Taking radiology as the most mature domain, heavy workloads stress radiologists and cause delays in issuing reports, which can compromise patient care.36 Tools that automate image interpretation and structured reporting37 can reduce total reporting time by a third,38 reducing radiologist burnout and shortening report turnaround times.39 GenAI could potentially optimise referral and reporting prioritisation, patient scheduling and preparedness, and scan protocoling.40 Similar benefits in prioritising, interpreting and reporting digital pathology slides could also be realised with GenAI.41

Phase 3: assisting quality and safety improvement

Facilitating gathering and trending of data: Care‐related near misses or adverse events such as medication harm and delirium are currently ascertained retrospectively from medical records or incident reports, with significant lag times. Such data could be captured, quantified and trended in real‐time using LLMs applied to EMRs, thus facilitating more timely recognition of unsafe situations warranting remedial intervention.42,43,44

Expediting analysis of data: Considerable time and effort are spent in gathering, analysing and reporting quality and safety measures, incident data, and undertaking root cause analyses, with often little impact on care.45,46 GenAI could aggregate and analyse these data more efficiently,47 identify safety hazards and contributors more quickly, automate audit48 and survey analyses,49 and allow quality and safety staff to redirect resources to proactive safety improvement.50

Phase 4: augmenting clinical decision making

Retrieving medical evidence to inform decision making: Current online literature search systems (eg, PubMed) take time to search and synthesise data, are limited to simple keyword queries, and often retrieve limited relevant, actionable reports.51 GenAI, particularly using retrieval augmented generation, can very quickly and iteratively, in response to serial prompts, screen available literature and synthesise high quality, actionable evidence with supporting references,52 although the ability of LLMs to assess risk of bias of clinical trials remains limited.53

Reducing diagnostic error: Diagnostic error accounts for 60–70% of all medical errors causing harm, mostly caused by cognitive biases in reasoning.54 Responding to clinician prompts, GenAI could suggest more accurate differential diagnoses or detect and reduce misdiagnosis,55 particularly for complex, undifferentiated general medical cases involving non‐expert clinicians.56

Personalising therapies: The response of many patients to specific therapies for diagnosed and confirmed diseases remains unpredictable.57 Applying GenAI to EMRs and genomic databases could identify patient genotypes or phenotypes associated with favourable or unfavourable treatment responses, as seen in various oncological applications.58

Phase 5: assisting laypeople in self‐triage, self‐diagnosis and self‐management of ill health

More rigorous evaluation will be required of consumer‐facing applications relying on the do‐it‐yourself proficiency of users who may lack medical expertise, especially as GenAI chatbots could give seemingly confident, personalised but inappropriate advice.59

Providing medical advice: GenAI symptom checkers can diagnose conditions better than laypeople using traditional online information sources, but remain inferior to vetting by clinicians, with triage decisions for acute conditions particularly problematic.60 However, GenAI chatbots fine‐tuned on curated medical knowledge could reliably identify patients’ needs and provide informed suggestions.61 Chatbots that can process and draft responses to messages and queries of patients with diagnosed conditions under the care of clinicians can also alleviate clinician burden and enhance patient engagement.62

Improving chronic disease self‐management: The use of GenAI chatbots to manage chronic diseases seems well accepted by patients in supporting mental health, physical activity and behaviour change for selected conditions,63 but evidence of effects on patient outcomes is limited.64 Wearable devices integrated with GenAI can potentially detect adverse health states such as falls or clinical deterioration.65

Risks to safety and quality of care in GenAI implementation

Several risks to patient safety and quality of care require careful consideration.66,67,68,69,70,71,72,73 These relate to: reliability (errors, hallucinations); consistency (different responses to the same question); explainability (few rationales for responses); limited understanding of context; biased responses due to unrepresentative training data; misuse of prompts; potential privacy breaches; little auditability of tool processes and outputs; workflow disruptions and job displacement; depersonalised care; over‐reliance of clinicians on GenAI with clinician de‐skilling; limited clinician and patient acceptance; and costs and carbon footprint. However, risk mitigation strategies exist and will continue to evolve (Box 3).

Although many of these risks are common to all forms of AI, certain risks, such as hallucinations, prompt misuse and the inability to be audited, are peculiar to GenAI. GenAI is also not yet capable of higher‐order reasoning, contextual understanding, capturing sensory and nonverbal cues, or making moral or ethical judgements. Decision support LLMs may produce inconsistent advice to the same queries and be as prone to cognitive biases as humans.74 GenAI alters its behaviour in response to new data inputs or updating or recalibration of its operations, which may go unannounced. Importantly, in performing several different tasks, acceptable GenAI performance on one “benchmark” task does not translate to other, seemingly related tasks for which it was not trained.75 This challenges the generalisability of any single, point in time evaluation of an evolving model with a large potential task capability. Ensuring the quality of massive datasets used to train GenAI models is challenging compared with traditional AI models trained on smaller, targeted datasets. The behaviour of hugely complex LLMs with billions of parameters performing different tasks cannot be understood, despite knowing their technical architecture.

Regulatory options

Evaluation and regulation of GenAI tools with their limitless and changing arrays of inputs and outputs is hugely challenging. A single, fit‐for‐purpose pre‐deployment assessment and approval of all GenAI tools, as software as a medical device (SaMD), may not suffice for tools that continue to learn and adapt. Currently the Therapeutic Goods Administration (TGA) regulates some but not all AI tools designed to support clinical decision making as SaMD, but exempts tools, such as GenAI scribes, which provide only documentation or administrative assistance. The TGA’s remit for consumer‐facing AI tools remains undefined. Current regulatory and accreditation processes,76 coupled with amendments in society‐wide laws (eg, privacy, consumer and anti‐discrimination laws) may be sufficient to cover many GenAI applications.

Two regulatory approaches are possible: an application‐centric approach, and a system‐centric approach. In an application‐centric approach, individual tools are evaluated according to task criticality and patient risk. For high risk diagnostic or treatment applications (phases 4 and 5), the tool may be frozen pre‐deployment and evaluated in a standard pathway (versus a fast pathway) using pragmatic clinical trials (Box 4).77,78,79 If approved, the tool could later be locked down, re‐opened, retrained (if needed), and re‐evaluated for re‐approval if any substantive change in function or deviation from benchmark tasks is seen. The US Food and Drug Administration calls for AI developers to provide an algorithm change protocol describing how modifications are generated and validated.80 Lower risk tools (phases 1 and 2) may pass through a fast pathway, requiring only observational studies or post‐deployment verification studies for approval. A standardised, actionable, risk‐based checklist for evaluating GenAI along multiple axes, including post‐deployment monitoring of real‐world performance and clinical impact, is needed81,82,83 as are similar checklists for identifying and resolving ethical concerns.84,85 Importantly, any GenAI tool must undergo a standardised clinical validation process at the local level using local data, including tools with regulatory approval. Using open‐source or open‐weight tools hosted on local servers may be the best option for protecting privacy, but requires in‐house data scientists and technical staff for model training and tool deployment.

A complementary system‐centric approach requires tool developers and deployers (ie, large‐scale health services) to wrap a quality assurance framework86 around their GenAI activities, comprising both risk mitigation (Box 3) and life cycle monitoring and evaluation. This framework may include statistical process control analyses that define acceptable bounds around tool accuracy or analyses of downstream effects on proximal clinical outcomes (eg, adverse events, mortality).87 More proxy measures of tool use, such as tracking the number of human‐initiated corrections to LLM‐created documents, could also be used.88 Developers and deployers might be accredited by an appointed authority to use GenAI tools depending on how well they measure, report and satisfy these parameters. Health services may need to establish dedicated, multidisciplinary clinical AI units to perform these tasks and provide the necessary human expertise and digital infrastructure.89 Such units may also specialise in validating and piloting specific applications before deployment in other similar or affiliated services, given the limited capacity of some services to undertake these tasks for every GenAI tool they may want to deploy.90 A balance is therefore needed between bespoke and more centralised evaluations, with the latter preferred for widely used, high value, high risk or high impact solutions.

Promoting adoption of GenAI

Because of its human‐like interactivity, GenAI is rapidly gaining acceptance by frontline clinicians for certain tasks (eg, ambient scribes), bringing a cultural shift in how medicine is practised and providing more value over time.91 Clinicians will likely adopt GenAI for common tasks where it has demonstrated acceptable accuracy and safety, is easy to use, aligns with clinical workflows, and enhances clinician–patient interactions.92 Clinician trust will rely on clearly articulated use cases, well defined risk‐based clinical testing processes and evidence generation, and ongoing monitoring of performance linked to original indications.93 Consumer trust will centre on tool accuracy, transparency around GenAI use in their care, and privacy assurances.94 Meaningful co‐design with diverse consumer groups can help identify concerns and build appropriate safeguards into GenAI implementation.95

All users of GenAI, both health professionals and patients, will need to be well versed, through education and training programs, in its limitations, know how to use it responsibly, consistently apply human judgement to its outputs, and undertake appropriate consent procedures in using AI in care delivery. Every GenAI tool should come with a fact sheet or model card providing information, as necessary, on its function and context, training datasets, performance metrics, bias evaluation, safety assessment, user testing, technical architecture, prompt engineering, and conditions of appropriate use.96

Our narrative review identified several organisational or system factors likely to influence GenAI uptake, with some common to all forms of AI. First is the need for interdisciplinary collaborations involving researchers, data scientists, ethicists, vendors, clinicians and consumers in co‐designing and co‐evaluating GenAI tools and ensuring they are fit for purpose. Second, health services must decide whether to adopt off‐the‐shelf GenAI open‐source or proprietary tools, with local calibration as required, or develop, or co‐develop with a vendor, tools in‐house. Whether to integrate tools with EMRs through application programming interfaces or embed them within reconfigured EMRs is another issue for EMR vendors to decide. Guidance that assists health services to assess the suitability of GenAI tools before committing to development and/or deployment is required.97 The financial and environmental impacts of software, hardware and staffing also need consideration.98 Lower cost scalability may be achieved using vertically integrated state and territory eHealth units able to collect data from multi‐site EMRs and using it to train and test their own or third‐party tools, which, if successful, are then provided to all participating services for local calibration. Third, it is crucial for industry, regulators, and health services to enhance access for developers to context‐specific patient data from EMRs and other sources for GenAI training, while controlling data misuse. Health data are currently siloed, often lack data standards, and access is reliant on multiple data custodians using different site‐specific access rules. Harmonising access processes and establishing FHIR‐enabled (Fast Healthcare Interoperability Resources) interoperable data exchange using common data formats are essential. Fourth, introducing GenAI into clinical practice should be guided by best‐practice implementation frameworks that optimise human–computer interfaces and clinician/consumer acceptance.99,100 Fifth, clinicians’ legal liability for a poor patient outcome following their justifiable acceptance or rejection of GenAI advice must be defined and managed using strategies derived from emerging legal opinions and early experiences in implementing health care AI (Box 5).101,102,103,104,105

Future directions

This narrative review has highlighted potential gains from adopting GenAI in clinical practice. While our cited evidence may be criticised for selection bias, recent reviews published over the last two years (during which LLMs such as ChatGPT became available) were consulted, and our list of use cases is not intended to be exhaustive. As GenAI is rapidly evolving and there is a time lag between publication of original work and subsequent incorporation into review articles, we concede that some relevant primary articles may have been missed. We recognise the limitations of current GenAI106 and the urgent need for more real‐world research to grow the evidence base on the efficiency, quality and safety of GenAI‐assisted care, and identify the tasks and contexts for which this new and rapidly evolving technology is best suited. The advantage of GenAI is its flexibility across multiple tasks and its conversant, natural language interface, rather than superior performance on every task. Some tasks will be better served by fine‐tuned supervised machine learning models rather than LLMs.107 Governance and technical standards will be required coupled with rigorous evaluation frameworks that allow users to respond quickly to unanticipated consequences and hazards. We propose a phased, risk‐tiered implementation of GenAI tools into health care coupled with risk mitigation strategies. As a human invention, GenAI will never be perfect, but judicious selection and cautious introduction may considerably improve current care.108

Box 1 – Glossary


Adversarial attacks (or jailbreaking)

Methods designed to bypass the safety restrictions of AI models, particularly LLMs, and cause them to issue harmful or undesirable responses

AI agents

A software system capable of autonomously making decisions, planning actions and executing tasks with minimal human intervention to achieve predetermined goals

Algorithm change protocol

A predetermined step‐by‐step plan developed by an AI model developer to control anticipated model modifications within its intended use, thus avoiding the need for additional regulatory reapproval

Fast Healthcare Interoperability Resources (FHIR)

An international Health Level 7 (HL7) standard of data interoperability that enables secure, real‐time exchange of electronic health information between different healthcare systems

Fine‐tuning

Process of adapting a pre‐trained model for specific tasks using domain‐specific data

Generative artificial intelligence (GenAI)

AI systems that can create new content (text, images, etc.) based on patterns learned from data

Generative pre‐trained transformer (GPT)

A specific deep learning architecture of LLM developed by OpenAI

Hallucination

When AI generates plausible but factually incorrect information

Large language model (LLM)

A type of AI model trained on vast text data to understand and generate human‐like language

Model card

Documentation that provides information about a model’s capabilities, limitations and intended uses

OpenAI

An American AI research and deployment company that aims to ensure AI systems that are generally smarter than humans benefit all of humanity

Prompt engineering

Crafting specific instructions to elicit desired responses from GenAI

Red teaming

A process where a group of cybersecurity experts (“red team”) simulates real‐world cyberattacks to assess a data system’s defences, identify weaknesses, and improve its ability to detect and respond to actual threats

Retrieval augmented generation

Technique that improves accuracy and relevance of LLM responses by retrieving and incorporating external knowledge into the model context

Task‐agnostic

AI system or function that is not dependent on or specific to a particular task, and is able to be used or applied to a broad array of tasks or environments without requiring task‐specific knowledge


 

Box 2 – Phased implementation of generative artificial intelligence (Gen AI)


EMRs = electronic medical records.

Box 3 – Risk mitigation strategies for using generative artificial intelligence (GenAI)

Risk

Mitigation strategy


Data quality (biased, inaccurate, unrepresentative or altered training datasets)

  • Use large, diverse, representative and recent datasets wherever possible.
  • Use medically curated, pre‐processed training data coupled with specialised fine‐tuning to reduce bias and remove bigoted or factually incorrect content.
  • Employ debiasing approaches that isolate and remove specific training examples that drive model failures on minority groups.
  • Monitor models for data shifts (ie, emerging mismatch between training data and data relating to populations in which model has been deployed).
  • Revise training datasets according to human feedback.
  • Undertake fairness evaluations of model design.

Data privacy

  • Use local, internal (or closed) datasets and open‐source, non‐proprietary tools.
  • Use federated learning across multiple sites to train models (ie, model is built by sharing model codes and weights between sites without sharing patient data).
  • Consider use of synthetic datasets where appropriate.
  • Demand assurances from software developers that any data sent to their servers is encrypted, stored and destroyed when no longer needed.
  • Ensure any secondary use of data by vendors or researchers is fully specified in user agreements.
  • Subject models to regular red teaming exercises to identify privacy vulnerabilities and develop robust incident response plans.

Output errors and hallucinations

  • Mandate human‐in‐the‐loop review protocols and external reviews of model outputs by subject matter experts.
  • Reduce model temperature (ie, randomness or “creativity” of model outputs) so that they are more focused and aligned with training data and prompts.
  • Apply adversarial testing and evaluations to detect and remove hallucinations.
  • Require models to search authoritative knowledge graphs (eg, abstract databases such as PubMed) and provide references (retrieval augmented generation).
  • Apply chain of thought prompting that elicits model rationales for each step in how it produces its outputs.
  • Provide more contextual information in prompts that forces the model to produce more focused, relevant and factually correct outputs.
  • Use overlayed artificial intelligence tools or agents to fact check or verify model outputs.
  • For well defined critical tasks (eg, diagnosis or treatment choice), periodically run the model against a set of predefined cornerstone or benchmark cases.

Lack of human vigilance of model outputs (akin to automation complacency)

  • Use colour‐coded visual cues to highlight outputs associated with lower model confidence (assuming system aware of this for a given output).
  • Monitor the feedback level of individual clinician acceptance, rejection or editing of generated recommendations or text (eg, accepting every suggested diagnosis; never editing a discharge summary).
  • Program models to randomly insert faulty outputs and assess user detection rates (although this introduces some ethical and feasibility issues).
  • Embed human oversight of GenAI tools into health systems through governance structures, user guidelines, clinician double‐checks and feedback loops.
  • Monitor user engagement with GenAI tools through log checks (eg, opting in or out) and monitoring user acceptance or overrides of artificial intelligence advice.

Misuse of prompts (resulting in harmful, biased or unintended content – termed adversarial attacks or jailbreaking)

  • Train users in how to craft effective prompts that specify patient demographics, disease or clinical state, and desired outputs.
  • Embed constitutional principles into model design that ensure model outputs remain aligned with human values.
  • Subject models to deliberate adversarial attacks to detect and rectify logic and reasoning defects (although this may not be feasible with large models).
  • Overlay algorithms that protect against bad actor adversarial attacks.

Model transparency and validation

  • Mandate model developers to provide a fact sheet or model card detailing data sources and methods used to develop and evaluate models.
  • Perform regular audits to assess for model bias and compliance with ethical standards.
  • Establish an open registry of GenAI tools that have undergone real‐world performance and impact evaluations.

Clinician and patient acceptance

  • Provide needs‐adjusted, context‐specific training and education in GenAI use.
  • Design chatbot interfaces and visualisation formats that are user‐friendly and easily integrated into EMR platforms and clinical workflows.
  • Select agentic GenAI systems that can deconstruct tasks into planning steps, select appropriate tools and databases in accomplishing them, and present the logic involved in each of these steps.
  • Obtain consent, where necessary, from both clinicians and patients to use GenAI tools.
  • Openly acknowledge both benefits and limitations of GenAI tools.
  • Engage clinicians and consumers in co‐design and assurance processes.
  • Implement GenAI in controlled pilot studies before a full‐scale rollout.
  • Solicit feedback from users about their experiences using GenAI tools and how these interactions could be improved.
  • Present GenAI tools as tools that assist/augment, not replace, human judgement.

Financial and environmental sustainability

  • Conduct life cycle assessments that promote eco‐design, sustainable material selection and responsible end‐of‐life management of GenAI systems.
  • Prioritise smaller GenAI tools that use model compression, distillation (larger teacher model trains a smaller student model), parameter pruning (removes less influential parameters), quantisation (reduces neural network sizes by representing each parameter with fewer bits), fine‐tuning on curated training sets, and inference optimisation to confer acceptable accuracy but require less training data, computational resource and energy consumption.
  • Choose lower priced GenAI tools (ie, lower price per million tokens of input/output).
  • Adopt tools that use green computing practices (energy‐efficient hardware, software, infrastructure designs) and renewable energy sources.
  • Assess offsets in GenAI carbon footprint from GenAI‐induced reductions in downstream clinical use of carbon‐intense resources.
  • Use GenAI tools whose hardware components are recyclable to reduce e‐waste.

EMR = electronic medical record.

Box 4 – Methods for generating evidence of effectiveness of generative artificial intelligence (GenAI) tools


Pre‐implementation stage:
  • Prospective “silent mode” evaluations where researchers analyse tools using live data without disclosing outputs to clinicians and influencing care:
    1. ► provides early safety signals without patient risk
    2. ► identifies deficiencies before clinical deployment
Implementation testing stage:
  • Small‐scale clinical pilot studies with limited clinical users:
    1. ► assesses practical integration with workflows
    2. ► identifies implementation barriers
    3. ► evaluates clinician acceptance

Clinical validation stage (by risk level):
For lower risk applications (phases 1–3):

  • observational studies that access outcomes before and after application implementation
  • interrupted time‐series analyses
  • concurrent control group comparisons:
    1. ► balances practical implementation needs with evidence generation
    2. ► appropriate for administrative and operational applications

For higher risk applications (phases 4 and 5):
  • rapid‐cycle, adaptive platform RCTs
  • traditional RCTs have significant limitations for GenAI evaluation including:
    1. ► rapid pace of GenAI development outpacing RCT timelines
    2. ► dynamic, adaptive nature of GenAI creating moving targets
    3. ► limited generalisability from one task to another
    4. ► infeasibility of subjecting every GenAI tool to RCT evaluation

 

Ongoing monitoring stage:
  • verification studies testing factuality of GenAI outputs
  • simulation testing with complex or rare scenarios
  • monitoring for adherence to guidelines and ethical standards
  • tracking of process and outcome metrics linked to implementation

RCT = randomised controlled trial.

Box 5 – Strategies for managing medicolegal risk in using generative artificial intelligence (GenAI)


At the level of individual clinicians and/or health care organisations:
  • Understand the tool limits and their conditions of use (ie, warnings, instructions, model cards).
  • Only use tools clinically validated in populations and settings in which they are to be used.
  • Only use decision support tools that provide rationales and supporting references for their advice or recommendations.
  • Identify task‐critical tools with the greatest liability risk and allocate more time and resources to local clinical validation and safety monitoring.
  • Inform patients and obtain consent, where appropriate, for GenAI to be used in care delivery.
    1. ► Minimal disclosure may be the purpose of the tool, how clinicians use the tool (acknowledging any shortcomings), and patient benefit from using it. Some Australian health services have developed simple information sheets explaining GenAI’s role in documentation, emphasising human oversight and quality improvement benefits.
  • Where clinicians disagree with tool advice or rationales, resolve the situation by consulting an expert or adjudicator model, or using a shared decision making approach with the patient.
  • Ensure appropriate documentation in medical records of use of GenAI tools and outputs.
At the level of industry and stakeholder groups (group practices, health services, developers/vendors):
  • Contracts or indemnification agreements may have one party assume some or all of the liability:
    1. ► Where there are alleged defects in the tool resulting in erroneous outputs, developer/vendor assumes more liability under product liability and consumer law.
    2. ► Where there is allegedly negligent use of a non‐defective tool by clinicians (ie, input errors, non‐approved use, should have recognised an incorrect output, fail to use if accepted standard of care), clinicians or health services will assume more liability. Recent health care vendor agreements are beginning to specify liability allocations when artificial intelligence tools are used within their approved purpose but produce errors versus when clinicians use tools beyond their validated or regulated purposes.
At the level of the Therapeutic Goods Administration or organisational accrediting body:
  • Legislation may exempt developers and/or deployers partially or completely from legal liability with government assuming all or some of the risk under a no‐fault insurance scheme, funded by taxes or fees imposed on either or both developer and deployer.
  • Exact definition of liability may come from direct litigation involving individual cases of harm to which the reasonableness test is applied in deeming clinicians or health services liable for relying on tools that, on average, deliver better patient care than humans alone.

 


Authors


Competing interests


References


Provenance: Not commissioned; externally peer reviewed.

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