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.

Thanks for listening!

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If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

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Galina Datskovsky
Galina DatskovskyBoard of Directors, FIT and OpenAxes, Information Governance and AI expert
Dr. Galina Datskovsky, CRM, FAI, is an internationally recognized expert in privacy, compliance, and security, and is a serial entrepreneur. She has served as CEO of multiple technology companies. In senior executive roles she has led information governance, architecture, product development, and cybersecurity initiatives, helping to scale innovative businesses and governance programs. She holds a doctorate, master’s, and bachelor’s degree in Computer Science from Columbia University. She has taught at Columbia University and Fordham University’s graduate programs.
Marina Kaganovich
Marina KaganovichAMERS Financial Services Executive Trust Lead, Office of the CISO, Google Cloud
Marina Kaganovich supports Google Cloud’s financial services customers across the Americas by partnering with CISOs and senior executives throughout their digital transformation journeys. She provides strategic guidance on cybersecurity, regulatory compliance, risk management, governance, and oversight, helping organizations navigate complex cloud adoption challenges in regulated environments. Prior to Google Cloud, she 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. A licensed attorney, 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.
Hon. Lisa Walsh
Hon. Lisa WalshFlorida Circuit Judge, 11th Judicial Circuit, Miami-Dade County
Judge Lisa Walsh was appointed to the Circuit Court for the 11th Judicial Circuit in Miami‑Dade County, Florida in 2011 and serves in the Complex Business Litigation and International Commercial Arbitration divisions. She previously served as a County Court Judge and has presided over approximately 200 jury trials, authored 80 published appellate opinions, and written decisions while sitting by designation on Florida’s Fourth District Court of Appeal. Before taking the bench, Judge Walsh spent 16 years as a trial and appellate lawyer. 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 United States. Judge Walsh is a graduate of Northwestern University and the University of Miami School of Law.
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