The Rise of AI-Assisted Litigation: Why Clinicans Must Strengthen Records and Procedures

In recent months, a growing number of Orthodontic complaints have involved patients using artificial intelligence tools to construct allegations of professional breach. These platforms can locate/provide  guidelines, case law and published standards to help a patient articulate perceived failures in duty, sometimes with surprising sophistication. As an expert witness in Orthodontics, I am increasingly encountering claim letters where AI-generated content attempts to link clinical decisions directly to alleged causation of harm.

While many of these arguments lack contextual understanding or clinical nuance, the trend poses a real challenge. AI systems can present information with confidence, even when inaccurate, and patients often view this as authoritative evidence. The risk is not that AI suddenly makes a weak claim valid, but that it helps patients frame allegations that sound structured and persuasive—putting dentists immediately on the defensive.

This development underscores an important message: your best defence remains meticulous clinical documentation.

When records clearly show what was discussed, consented to, planned, and reviewed, it becomes significantly easier to demonstrate that a duty was discharged appropriately. Vague or incomplete notes leave room for AI-assisted speculation to fill the gaps.

Two themes are becoming particularly important in orthodontic and restorative cases:

1. Explicitly documenting consent conversations. Patients are increasingly quoting national standards and professional guidance in detail—because AI finds and explains them. Ensure your records reflect risk discussions, alternatives, limitations, and patient expectations.

2. Demonstrating clinical reasoning. A list of actions is not enough; brief notes explaining why a chosen plan was clinically appropriate offer vital context when causation is challenged retrospectively.

Finally, remember that AI tools will continue to evolve. Patients will have access to “instant experts” that evaluate your decisions based on broad information, not personalised circumstances. The profession must respond by ensuring that our own systems—procedures, consent processes and record keeping—are consistent, defensible, and aligned with recognised standards.

Proactive reflection is far preferable to reactive explanation. Now is the time to review how you document orthodontic assessment, treatment planning, risks, and follow-up. Clear records are not just good practice—they are increasingly your strongest medicolegal protection in an AI-assisted world.