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AI in health care

The hard part of AI in health care comes after the model works

Michelle Mello, a Stanford professor of law and health policy, used to think patients should be told about every AI tool in their care. Then she asked them, and they wanted to know who was keeping them safe. Most AI now in hospitals handles paperwork. The harder job is deciding what to switch on and checking it afterward, and many hospitals cannot afford to do that well.

Main takeaways
  • Hospitals have adopted AI first for paperwork. In Mello’s account, scribes and billing tools spread first, mainly in well-funded systems. Tools that help with diagnosis are much less common.
  • Patients asked for safety more than for forms. Mello’s patient panel wanted to know what the hospital would do to protect them, and she changed her mind about disclosure as a result.
  • A human in the loop can be fooled too. In a randomized study, a biased AI made clinicians 11.3 percentage points less accurate, and explaining the AI did not clearly help.
  • Many hospitals do not test their tools. Of US hospitals using predictive models in 2023, 61% checked accuracy on their own data and 44% checked for bias.
  • Agents raise the stakes. When software acts by itself, a mistake can reach a patient before anyone can stop it. Mello wants AI governance to be a condition of taking part in federal health programs.

Michelle Mello helps review AI tools for Stanford Health Care. As an ethicist, she said in a September 2026 interview, she started out believing that “patients should be told about everything all the time.” Then, over the last couple of years, she talked with many patients, including a panel trained in AI that meets her team every month. In a hospital like Stanford, she points out, “a couple dozen different tools” might touch your care.

A pile of consent forms beside a hospital bed A cartoon patient in a hospital bed looks at a growing pile of consent forms, one for each of two dozen AI tools. 24 forms Sign here, here and here.

Twenty-four tools, twenty-four forms. Patients told Mello this felt like a waiver of responsibility.

Figure 1. Press the buttons. “A couple dozen” is Mello’s estimate for a hospital like Stanford. The tool names are typical examples that I chose, and the drawing is a cartoon.

Patients say things like this, in Mello’s retelling. “I’m sick, I have piles of paperwork pushed at me. The last thing that is helpful in this situation is another piece of paper asking me to sign on the dotted line. It feels like a waiver of responsibility.” The question they cared about was different. “What is the organization going to do to keep me safe?” Mello now saves formal consent for the highest-stakes choices, such as whether to have surgery guided by an AI robot.

That answer moves the work from the patient to the hospital, and it takes the conversation beyond how good the model is. The hard part of AI in health care has moved from building the model to governing it, and the hospitals that need that work most can least afford it.

Figure 2. The full interview, from Stanford Health Policy, with a transcript on that page. The drawing is a cartoon.
AI governance

In a hospital, AI governance is the process for deciding which tools to use, checking them before they go live and watching them afterward. It includes people who can say no. A model’s test score is one input to that process.

The AI in hospitals is mostly doing paperwork

Headlines are full of AI doctors. Before you read Mello’s description of what hospitals are actually using, try sorting these.

An AI scribe that listens to a clinic visit and writes it up.

In wide use. Mello names scribes first, among well-funded organizations.

A tool that handles insurance approvals and prepares bills.

In wide use. The other big category, and one that can pay for itself.

A risk predictor that warns which patients may get worse.

Less common as a tool people chose. Mello says these are not as widely implemented, though many hospitals run some model that came with their records system.

A tool that helps a doctor decide on a diagnosis.

Less common. Mello says these “might really improve quality of care,” and they are not as widely implemented.

A software agent that orders treatment by itself.

Not yet. Mostly on billboards for now, and Mello describes “a heightened concern” about checking these tools.

Figure 3. Sort each card. The verdicts follow Mello’s description in the interview, which is one expert’s view and has no adoption counts behind it. The “not yet” on agents is my wording.

“I think we’re very much in the early days,” Mello says. The tools spreading fastest are scribes, which listen to a clinic visit and summarize it for the doctor, and administrative tools that handle insurance approvals and bills. The results are mixed even there. In one study, about half of patients whose doctor used a scribe reported more eye contact. “Why is it only half?” she asks. The tool takes notes so the doctor can stop typing.

The picture depends on what you count. A 2023 survey analysed by Paige Nong and her colleagues found that 65% of US hospitals used some predictive model, a program that estimates something like a patient’s risk. Of those hospitals, 79% got models from the company that sold them their electronic health records. So models are already common in hospitals.

Stanford put a lock on the switch

Stanford Health Care expected a flood of AI proposals and built a process early. A review board that people can ignore has little power, so the hospital tied the review to the moment a tool goes live. Mello calls this “a great lever.” Anyone with a patient-facing or otherwise risky tool has to go through the process, because “we will not let our digital services unit turn it on until you can certify that you’ve gone through this process.”

You want to switch on a new patient-facing AI tool. Try the switch first.

A review gate in front of an on switch A tool moves through four review gates toward a padlock and a big switch. The switch stays off until all four reviews are done. USE COST ETHICS PLAN AI Live

Four questions answered, so the digital services team turns it on. Then the measuring starts.

Figure 4. Press the reviews and the switch. This is my simplified picture of the process Mello describes, and it is not an official Stanford diagram. Mello names the first three reviews and the plan to measure impact.

The aim is to “proactively spot problems before the organization falls in love with the technology,” Mello says. The review also forces a decision about what to measure once the tool is running, before anyone has a stake in the answer.

Many hospitals never test the tool on their own patients

A model can do well in the company’s tests and badly at your hospital, because your patients and your record-keeping differ. A widely used model for sepsis, a life-threatening reaction to infection, missed 67% of cases at Michigan Medicine. The way to find out is local evaluation, which means testing the tool on your own data.

Out of every 100 US hospitals One hundred small hospitals. In 2023, 65 used a predictive model. About 40 tested accuracy on their own data and about 29 tested for bias. OUT OF EVERY 100 US HOSPITALS 40 of 100

Of the hospitals using models, 61% tested accuracy on their own data. That is about 40 of every 100 hospitals.

Figure 5. Press the buttons. The 65%, 61% and 44% are from Nong et al. (2025), on a 2023 hospital survey. The 61% and 44% are shares of hospitals using models, and 40 and 29 are my arithmetic for all hospitals. Hospitals reported these themselves, and the survey does not say how well they tested.

Hospitals that built their own models and hospitals with healthy finances were more likely to test locally. Mello calls the work “expensive and tricky.” AI sellers argue that their tools pay for themselves, and she says that is probably true for tools that handle billing and false for many others. Asked about rural hospitals facing cuts to Medicaid, the US public insurance program for people with low incomes, she says the best answer so far is sharing. Large systems publish what they learn, so “not everybody has to start at zero.”

A human in the loop can be fooled too

The usual safety answer is to keep a person in charge. Patients on Mello’s panel asked for this, with a condition. They wanted a clinician reviewing the AI who had been given the time and information to do it. Sarah Jabbour and her colleagues tested what happens when that person sees a bad model. They randomly assigned 457 clinicians to read patient cases with AI advice, and some of that advice came from a model built with a systematic bias.

A hospital adds an AI tool with a hidden bias, and shows clinicians an explanation of its reasoning. What happens to their accuracy?

Clinician diagnostic accuracy with and without AI Five bars. With no AI, accuracy was 73.0 percent. A good AI raised it to 75.9, and to 77.4 with an explanation. A biased AI lowered it to 61.7, and to 63.9 with an explanation. Diagnostic accuracy, on a scale starting at 50% No AI73.0%Good AI75.9%Good AI, with explanation77.4%Biased AI61.7%Biased AI, with explanation63.9%

The biased AI cost clinicians 11.3 points, and the explanation won back a difference small enough to be chance.

Figure 6. Make a guess. The changes are from Jabbour et al. (2023), with 457 clinicians, and the percentages are those changes added to the 73.0% baseline. The bars start at 50% so the gaps can be seen. The plausible range on the biased result, its 95% confidence interval, runs from a 7.2 to a 15.5 point drop.

A good model helped a little. A biased one hurt a lot, and showing an explanation of the model’s reasoning did not clearly undo the harm. These were written cases and an image-based kind of explanation, so the numbers will differ on a real ward. The direction is a warning about any plan that relies on a person catching errors. Oversight also takes time.

A nurse has a spare hour in a shift to check AI alerts properly. How far does that hour go?

90 minutes needed60 minutes available

That needs 90 minutes, and the shift has 60. Something has to give, and usually it is the checking.

Figure 7. Drag the sliders. All of these numbers are invented for illustration, so try ones you think are realistic. The requirement behind it is from Mello’s patient panel, who asked that reviewers be given the time and information to do the job.

Agents change what can go wrong

Everything above assumes a person sees the output before it reaches the patient. Mello draws the line there. Human-mediated tools make a suggestion, and someone accepts or rejects it. Agentic tools act by themselves, and they “might get things wrong in ways that actually can physically hurt people very quickly and in a way that’s very hard to intercept.” She calls health care “a little bit distinct” from fields like human resources or investing, because the injury is physical and happens quickly.

A wrong order on its way to a patient A wrong order leaves the AI and travels toward a patient. When the tool suggests, it waits at a clinician. When the tool acts, it goes straight through in about a second. AI Clinician Patient Order

Press to send a wrong order, then try to stop it.

Figure 8. Press “Send a wrong order,” then “Stop it.” This is a game I made, and the speed is invented. The distinction between tools that suggest and tools that act is from Mello. Your score so far is 0 of 0 stopped.

This changes what evaluation has to measure. Checking whether the answer is correct stops being enough once software takes actions. Reviewers also need to know what the software is allowed to do. They need to know when it must stop and ask, and whether anyone can step in before harm is done.

The person who signs is the person who pays

Clinicians ask Mello one question more than any other. Am I liable if AI is involved in a mistake that hurts a patient? “That answer is not straightforward,” she says, “but usually the answer is probably, yeah, you are.”

Who carries the risk when AI contributes to harm Three columns of blocks stand for risk, labelled developer, hospital and clinician. Before reading the contract they look equal. After reading it, the developer's blocks have moved to the hospital and the clinician. Developer Hospital Clinician

Licensing agreements typically “immunize them from liability and disclaim ordinary consumer warranties.” The risk lands on the people using the tool.

Figure 9. Press the button. The blocks show direction only, so the counts are invented and they are not legal shares. The contract language is Mello’s description, and she stresses that the answer “is not straightforward.” Her 2024 article with Neel Guha covers the law in more depth.

The reason is in the contracts. Developers “typically include provisions in their licensing agreements that immunize them from liability and disclaim ordinary consumer warranties.” In plain terms, the contract refuses the usual product guarantees. That leaves the physician or nurse, and perhaps the hospital. So a person with little insight into the tool may carry the legal risk for it, which helps explain why many clinicians are wary. She adds that clinicians are often not given much information about how to be good overseers.

A gold star is optional

Standards exist, and hospitals can ignore them. NIST, a federal standards agency, runs a voluntary program where AI developers can earn what Mello calls “a gold star.” The Joint Commission, which inspects hospitals for Medicare, the US public insurance program for older people, offers a voluntary certificate for AI governance, built with the Coalition for Health AI. “Anything that is voluntary and costly will have uneven uptake,” she says.

Which hospitals have a governance process Two rows of 20 dots, well-funded hospitals above and stretched hospitals below. Under voluntary rules at a high cost, many well-funded hospitals take part and few stretched ones do. Shared tools lower the cost. A requirement brings everyone in, and stretched hospitals then need help to pay. WELL-FUNDED HOSPITALS STRETCHED HOSPITALS 15 of 40 have a process

Under voluntary rules, governance goes to the hospitals that can pay for it.

Figure 10. Press the rules and drag the cost. The hospitals, budgets and rules are invented to show the logic of Mello’s point that “anything that is voluntary and costly will have uneven uptake.” The figure measures nothing about real hospitals. Nong et al. did find that hospitals with better finances were more likely to test their models.

Asked what she would tell Congress, Mello had one answer. Require hospitals “to have a governance process for AI as a condition of participating in federal health programs.” Hospitals already have to meet many such rules to take part in Medicare. “We cannot justify an ecosystem in which hospitals can operate AI tools with very little vetting and no oversight and have no regulatory consequences.”

What this rests on

Much of this essay comes from one interview with one expert, who helps run Stanford’s process. A required process can also turn into paperwork, and it would add costs for the hospitals with the least money. The Nong survey shows who reports testing, and it cannot say how well they test.

Mello says you cannot drive for more than 30 seconds on Highway 101 without seeing a billboard promising that agentic AI will change the world. At Stanford Health Care, a patient-facing tool still stays off until someone has certified the review.

Further reading

health care AI governance AI evaluation health policy