Human Review in a Digital World: Florida’s New AI Safeguards in Malpractice Claims
Florida’s 2026 HB 527 now mandates that AI cannot be the sole basis for denying or reducing a claim; human review is a legal requirement.
This has massive implications for medical malpractice and insurance defense. Our neutrals specialize in the intersection of professional “Standard of Care” and the integration of automated diagnostics.
The Legislative Framework
HB 527 emerged in response to widespread concerns about AI-driven coverage denials in health insurance. The statute now requires that any adverse coverage decision involving AI assistance must include documented human review by a qualified professional. The statute also creates new pre-suit and notice obligations for claims involving AI-assisted diagnoses.
Impact on Medical Malpractice
AI-assisted diagnostic tools are now ubiquitous in radiology, pathology, and clinical decision support. When a missed diagnosis becomes a malpractice claim, the AI tool’s involvement is no longer a sidebar, it is central to the standard-of-care analysis.
New Questions in Discovery
Expect discovery to include the AI vendor’s training data, validation studies, and known failure modes. The physician’s charting now must reflect not just their conclusion but their evaluation of the AI’s output. Defense counsel and plaintiffs’ counsel alike are still learning to navigate this evidentiary terrain.
Why Specialized Mediation Helps
These cases benefit enormously from early neutral evaluation. The standard-of-care framework is in flux, and a skilled neutral can help both sides assess realistic exposure before committing to years of experienced discovery.
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