German court holds doctors liable for AI chatbot's false medical titles
Germany's Hamm Higher Regional Court ruled that two physicians operating Aesthetify GmbH are liable for false claims made by their AI chatbot about non-existent medical specialties. The court determined that business operators cannot avoid responsibility for their AI system's statements by treating the system as a third party.
What happened
When customers contacted the Aesthetify GmbH practice online to book appointments or ask questions, the chatbot stated that the two physicians were 'specialists in plastic and aesthetic surgery' or 'specialists in aesthetic medicine'. These specialty designations do not exist in Germany.
The Verbraucherzentrale Nordrhein-Westfalen sued Aesthetify GmbH, operated by physicians known as Dr. Rick and Dr. Nick, which operates six locations across Germany and offers aesthetic facial treatments.
Reported impact
The court found these false statements constituted unlawful business practices that misled customers about the physicians' qualifications.
Index analysis
The Hamm Higher Regional Court ruled that the two physicians and business managers bear responsibility for the chatbot's false statements. The court determined that operators cannot treat an AI system as a third party to avoid liability for its outputs.
The court allowed revision to the German Federal Court of Justice (Bundesgerichtshof) due to novel legal questions regarding AI chatbot liability (case number 4 UKl 3/25), meaning the judgment is not yet final.
Governance controls
The court issued an injunction prohibiting the company from continuing to use the false specialty titles. The ruling establishes that business operators deploying AI systems must take responsibility for ensuring the accuracy of statements those systems make to customers.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.