Given the SDC’s involvement, Smith and Fotheringham argue that there should be risk pooling between clinicians and SDCs for the harm - with actuarially-based risk pooling insurance schemes to provide cover for AI-related damage.12 However, these are at present merely proposals. Currently, a clinician (using an AI system) who is held liable in negligence to the patient may seek contribution from the SDC via the Civil Liability (Contribution) Act 1978, although, as with the patient’s claim against the SDC there are significant difficulties in doing so, since as noted above establishing that the SDC is itself liable for the damage suffered is problematic. The SDC may also have sought to contractually exclude any right of clinicians to seek such contribution. Thus, in practical terms with systems of this type the clinician remains liable for acting on the recommendations or decisions of an AI they do not and cannot fully understand. Facing the stress and worry of the consequences of using it, many clinicians may refuse to accept the risk, and simply turn off the machine.