James Burd (Partner-Louisville, KY) and Darien Brown (Associate-Nashville, TN) collaborated on the article “Algorithm Bias in Medicine,” which appeared in the December 3, 2025, posting of CLM Magazine. The article explores the intersection of artificial intelligence (AI)-based medical diagnoses and evidentiary considerations for malpractice suits. Noting that courts have recognized discriminatory practices in medical algorithms, James and Darien caution that hospitals using biased AI without corrective measures could risk litigation under Title VI of the Civil Rights Act of 1964 and malpractice law. “Overall, it is critical that the health care industry be aware of the risks of AI use and the potential for harm,” they conclude. “Will AI merely be a tool to efficiently diagnose patients, or will it become a new source of litigation? The answer remains to be seen.”