As anticipated, the use of AI in clinical practice continues to become more prevalent, with an increasing trend in both primary and secondary care being the use of AI-assisted medical transcription tools for transcribing patient appointments. While there are benefits to the use of this technology – active listening, better quality consultations and reduced administration time, particularly for a reducing GP workforce – its greater use does lead to the increased risk of transcription errors and associated claims for compensation from any patients coming to harm, as well as an increased risk of claims based on alleged breaches of data protection laws. Healthcare providers and insurers dealing with any such claims will need to be alive to the ongoing uncertainty as to who has responsibility, or where the accountability lies, when something goes wrong with AI products generally. Given this uncertainty, it is entirely possible that certain jurisdictions will seriously consider the merits of a strict liability regime to deal with claims arising from AI errors. Indeed, this is already happening; in the European Union, for example, the new Product Liability Directive that came into force in December 2024 is a strict liability regime enabling consumers to pursue a claim where a defect in a product has caused personal injury or property damage. The scope of this directive is now wider in scope than previously and specifically includes software and AI.