Who Is Legally Responsible for AI Mistakes? You Are.

By Nikki Mehrpoo, JD, AIWC, AIMWC

Founder, The MedLegal Professor™ | Former Workers’ Compensation Judge | AI Governance Architect & Technology Strategist | Creator of The EEE AI Protocol™ | Dual-Certified Legal Specialist | Legal Risk & Compliance Strategist | AI+HI™ Champion for Regulated Professionals

Imagine a courtroom. An error has been made using an artificial intelligence tool, and someone must be held accountable.

The technology provider will not be there. The AI itself will not testify. You, the licensed professional, will be the one answering the questions. This is not a hypothetical scenario. It is the new standard of professional liability.

You must understand the fundamental myth that is putting countless professionals at risk.

The Liability Myth

Many professionals assume that if an AI system makes the mistake, the responsibility lies with the technology provider. This is false. In regulated and licensed work, the legal responsibility almost always stays with you.

If an AI system makes an error that harms a client, patient, or case, your professional license, your reputation, and your legal standing are on the line. AI cannot be sued, cannot hold a license, and cannot share your liability.

This truth has profound implications for your daily work.

Why This Matters in Your Work

If you work in law, healthcare, finance, insurance, education, or any licensed field, the law assumes that you, not the AI, made the decision. Even if the AI generated the output, it becomes part of your work product once you use it.

Without governance:

• You may not catch factual errors before they affect a real-world outcome

• You cannot prove you applied professional judgment

• You have no defensible trail showing you reviewed and approved the output

The only way to mitigate this liability is to implement a governance system that keeps you in control. This is the lifecycle through which we reassert professional authority.

@Lifecycle: Educate / Empower / Elevate

How the EEE AI Governance Protocol™ Protects You from AI Liability

Educate. Empower. Elevate.

The EEE Protocol ensures that every AI-assisted action is still under your professional control.

1. Governance Triggers – Any decision that could impact a human being, legal matter, or regulated process must be reviewed.

2. Accountability Mapping – Every AI-assisted step is linked to the responsible human decision-maker.

3. Review and Sign-Off – No AI output is final until a licensed human signs it off.

4. Evidentiary Recordkeeping – Every approval is logged to defend against audits, investigations, or lawsuits.

This is the operational trigger for responsible AI use. You must stop, document, and govern before any AI-assisted work product becomes final.

@Trigger: Stop. Document. Govern.™

Consider how this doctrinal approach would hold up under the scrutiny of a courtroom.

@Risk: AI Overreach / Human Bypass

Scenario: The Court Filing Error

Without Governance:

• A lawyer uses AI to draft a legal motion.

• The AI invents case law citations that do not exist.

• The motion is filed without review, and the court discovers the error.

• The lawyer faces sanctions for filing false information.

With EEE Protocol Governance:

• The AI’s draft is reviewed for factual and legal accuracy.

• Citations are verified before filing.

• The lawyer signs off on the final version and keeps the review notes in the client file.

• The lawyer can prove due diligence if challenged.

In the first scenario, the AI led and the human failed to govern, resulting in professional failure. That is the new baseline for peer accountability.

@Standard: HIPAA / ABA / CPRA / EU AI Act

You do not need to wait for a crisis to implement this level of control. Your responsibility as a peer leader starts now.

@Audience: Attorneys, QMEs, HR Managers, Finance Professionals, Educators, Insurance Professionals

The 5-Minute Action Plan to Reduce AI Liability Today

You can start lowering your risk in minutes without buying new software. This process creates an instant, human-verifiable record of your professional judgment.

Step 1: Identify One AI Output You Used This Week

• Pick one decision, draft, or recommendation generated by AI.

Step 2: Check for Risk Impact

• Ask: “Could this affect a person, client, case, or regulated outcome?”

Step 3: Review the Reasoning

• Look at the AI’s explanation or sources (if provided) and verify accuracy.

Step 4: Document Your Approval

• Record: “Reviewed and approved on [date] by [name].”

Step 5: Store the Record Securely

• Keep it where it can be retrieved in an audit, investigation, or legal defense.

This simple exercise is a fundamental governance shift, moving you from a passive user to an active, accountable professional. Ignoring this responsibility carries a severe professional cost.

The Cost of Ignoring AI Liability

• Loss of professional license

• Financial penalties and legal fees

• Reputational damage

• Loss of client trust

AI does not remove your professional accountability. Without governance, it increases it.

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