Agentic AI on Trial: You Be The Judge
Part 1 – Medical Diagnostics
Concepts: Artiticial Intelligence; Liability Claims; Life Sciences
In this three-part series our guests reprise their panel discussion at the Executive Women’s Forum DSG Global conference titled “You Be The Judge,” during which they explored scenarios involving harms potentially caused by Agentic AI.
In Episode 1 they discuss an Agentic AI mammography triage system designed to flag positives for a radiologist, auto-send “all clear” letters for negatives, and operate with minimal human oversight.
They answer this difficult question: When the machine gets it wrong, who is accountable? Developers, hospitals, clinicians, and/or data providers? What role do contracts, warnings, and intended-use labels play in establishing liability? What safeguards would balance speed and safety? Random audits? Documentation? Will a new standard of care develop for machine decision-making?
I take the back seat in this series as the panelists moderate the discussion. They are:
Galina Datskovsky, PhD, CRM, FAI
Board of Directors, FIT and OpenAxes
Information Governance and AI expert
Marina Kaganovich
AMERS Financial Services Executive Trust Lead
Office of the CISO, Google Cloud
Hon. Lisa Walsh
Florida Circuit Judge
11th Judicial Circuit, Miami-Dade County
Special thanks to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast.
If you work in health tech, compliance, or hospital operations — or you advise these professionals — this conversation offers a clear-eyed guide to deploying autonomous agents responsibly—without sleepwalking into preventable harm. If you like what you hear, watch for Episodes 2 and 3.
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Dr. Datskovsky currently serves on the advisory board of the Executive Women’s Forum and is a member of the Voice Privacy Alliance, while actively supporting startup leadership and strategy. A past Chair, President, and Director of ARMA International, she is a Fellow of ARMA and recipient of the prestigious Emmett Leahy Award. She holds a doctorate, master’s, and bachelor’s degree in Computer Science from Columbia University and has also taught at Columbia University and Fordham University’s graduate programs.
Prior to Google Cloud, Marina held senior legal and compliance roles at leading global institutions, including Goldman Sachs, BNP Paribas, Thomson Reuters (Refinitiv), and Wall Street firms, where she advised on emerging technologies such as AI/ML and digital assets while overseeing cybersecurity, privacy, and cloud transformation programs. A licensed attorney in New York and New Jersey, Marina is a frequent speaker and author on AI‑related security, governance, and compliance topics, and holds multiple FINRA licenses as well as the Cloud Security Alliance’s Certificate of Cloud Security Knowledge (CCSK).
Before taking the bench, Judge Walsh spent 16 years as a trial and appellate lawyer and earned an AV Preeminent rating from Martindale‑Hubbell along with numerous professional honors. She holds national and international leadership roles with women judges’ organizations, including representing the United States with the International Association of Women Judges, and leads a mentoring program for Afghan women judges in the U.S. Judge Walsh is a graduate of Northwestern University and the University of Miami School of Law and is the proud mother of two adult children.
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