AI and Dental Practice: The Boom, The Blunder and the Blame Game
Artificial intelligence (AI) is changing everything from the way we drive to how we write and even to the way we fix teeth. Speaking of teeth, the last decade has seen tectonic changes in dental operations, largely due to digital dentistry specifically, dental AI.
So, why is AI popular in dentistry?
Because of its multifaceted use across key areas of diagnosis, treatment planning, and patient engagement, AI is a huge asset for dentists but in the same breath, it can also become a liability when misused. To put this into perspective, a 2024 study published in the British Dental Journal, asked the question of whether UK dentistry was ready to embrace the AI revolution. The answer was yes. However, on a granular level, accountability and liability concerns emerged that need to be addressed.
Before we dive into those concerns, let’s talk about the benefits…
How exactly does dental AI help in everyday practice?
Dentists routinely use dental AI for:
- Smarter diagnostics – Analysing X-rays and 3D scans to detect cavities, cancer, and other issues accurately.
- Better treatment planning – Helping create personalised treatment plans by analysing patient data.
- Effortless scheduling – Managing appointments, reducing no-shows and optimising clinic output.
- Enhanced patient engagement – Chatbots provide instant responses, improving communication and satisfaction.
For the patient, this means:
- Increased chances of a correct diagnosis, early
- Customised treatment plans to better suit the individual
- Less chance of appointment hiccups – Patients get seen quicker
- Improved patient engagement for greater satisfaction
So, what are the key concerns when implementing dental AI?
Some of the potential pitfalls with dental AI include:
- Algorithm bias – If the AI model is geared towards non-randomised data, it can lead to unfair treatment outcomes, particularly across different racial or ethnic groups.
- Integration challenges – Implementing AI into dental practices can be complex, needing time, training, investments and compatibility with existing systems. This may lead to an initial disruption of practice, loss of data and delay in administrative tasks.
- Data privacy risks – AI relies on large amounts of patient data, raising concerns about security and the risk of data breaches.
- Overdependence on AI – Overuse of AI can lead to dependency and loss of compassionate care.
- Diagnostic mistakes – AI isn’t perfect; errors in diagnosis or treatment recommendations can occur, especially without proper verification.
- Ethical and legal uncertainty – Questions around AI transparency, patient consent, and liability in malpractice cases can prove complex and as a result may remain unresolved.
So, Who’s Accountable?
What we’re really talking about here is liability. In almost all cases dentists are expected to verify AI recommendations before relying on them. If a patient is harmed due to the dentist’s failure to double-check AI’s output, the dentist will likely bear most or all of the legal responsibility. Here are some key guidelines….
Professional liability
If an AI tool generates incorrect information and the dentist fails to identify as incorrect information, the dentist will be held solely responsible for dental malpractice or negligence.
Shared liability
Liability may be shared between AI developers, manufacturers, and dentists if an AI system misdiagnoses a condition due to a flawed algorithm. In this case, both the creators and the dentist could be held responsible depending on any contract agreements that are in place.
The Institution’s Role
Could the dental clinic or hospital be held responsible for implementing and using faulty AI software? Yes, if they fail to ensure that AI systems are properly tested or adequately train staff on how to use them, they will most likely share liability. Currently, most legal systems hold the human practitioner responsible for AI errors meaning the dentist is still on the hook. But, as AI becomes more autonomous, legal frameworks will need to evolve.
But what about other issues?
Data Privacy Concerns
One of the key concerns about AI is that it relies heavily on patient data, making privacy protection crucial. Here are some guidelines…
Any third-party AI system handling patient data requires a business associate agreement. Dental AI manufacturers and buyers (dentists) must ensure compliance with the General Data Protection Regulation (GDPR) in UK and Europe and the Health Insurance Portability and Accountability Act (HIPAA) in the United States of America. Dentists must also inform patients when AI is used in their treatment, ensuring transparency and consent. Dental clinics should also comply with data privacy requirements, such as the General Data Privacy Regulation (GDPR) in the UK and EU, by getting the patient’s informed consent and protecting their data against possible breaches.
So, those are the risks… now it’s time to talk about how we can protect ourselves as dentists while embracing everything good about AI in the dental industry.
Mitigating Risks and Ensuring Accountability
To reduce the possibility of AI-related dental malpractices, clinic owners should follow these tips:
Regulatory compliance
For EU dental practices, several regulations impact the use of AI in dentistry: So it pays to become familiar with these. They include:
- GDPR Compliance – All dental offices must follow the basics of GDPR when using sensitive patient data with AI tools. This includes using only the necessary information, restricting access, defining the purpose of use, etc. As a practice owner, it’s important to strengthen cybersecurity measures to help keep patient data secure.
- Proposed AI Act – The AI Act classifies AI-powered tools in dentistry as high-risk, requiring strict monitoring, transparency, and compliance with regulatory standards.
- Transparency Requirements – Dental clinics should be able to demonstrate how AI impacts patient care and decision-making to meet EU transparency and accountability standards.
- Worker Consultations – EU laws mandate employee involvement in AI adoption, ensuring compliance and encouraging collaboration in dental practices. Dentists, assistants, hygienists, receptionists, clinic managers and dental technicians must understand how AI tools work to avoid potential malpractice errors.
- Cross-border data transfers – Dental practices operating in multiple EU countries should follow strict regulations to protect patient data when transferring it across borders.
Training and upskilling
Ensure every member of the dental team is familiar with AI uses and outputs. For instance, clinic managers and receptionists must understand the intricacies of AI appointment scheduling, AI receptionists answering phone calls, or streamlining billing procedures.
Thoughtful integration
This is by far the most critical tip—ask yourself how and why you want to add AI to your practice. Carefully consider your AI integration strategy. Involve IT professionals from the beginning and ensure compatibility and easy integration with existing systems to reduce interruption and chances of errors.
Close monitoring
Treat AI as an advisory tool ONLY. Regularly compare AI-generated insights to traditional diagnostic procedures and professional judgement. Set up protocols for human intervention if AI systems detect strange patterns or abnormalities.
Clarify boundaries, ethical and legal guidelines
Create and follow ethical rules for AI use, ensuring transparency with patients about AI engagement in their care. Don’t forget to obtain informed consent that expressly addresses AI use.
Seek guidance where necessary
Consult with legal specialists and dental advisors to establish clear liability limitations for your practice. Establishing AI-specific standards, such as decision-making and documentation, can help to clarify obligations and decrease legal uncertainty.
AI in Dental As a Takeaway
The key to avoiding an AI-induced lawsuit is all about balance. In other words, the synchronisation of the human and machine elements so that both can co-exist for better patient care. Until rules and regulations regarding its use are clearer and more specific, it’s always best to err on the side of caution and assume that the buck of responsibility stops with the dentist— the ultimate caregivers of their patients.
If you are new to clinical practice and are using AI for the first time, a seasoned pro looking to integrate AI diagnostic tools into your business or someone who has faced mismatched judgements with AI, feel free to consult us at DDS. Let us help you through your AI journey.
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