From Medscape
Patients Sue Two More Health Systems Over AI Scribe Use, Lack of Consent
By Steph Weber
Two more California health systems have been accused of violating patient privacy and disclosure laws by allegedly using an AI scribe tool to record patient-clinician conversations during medical visits without consent.
In a lawsuit filed April 8 in federal court in Northern California, patients seeking class action status allege that clinicians at Sutter Health and MemorialCare “intercepted, recorded, and processed” audio during their visits without informed consent.
Court records indicate the AI tool used was Abridge, an ambient documentation platform that generates clinical notes from audio recordings. Abridge is not named as a defendant in the lawsuit. According to its website, Abridge adheres to industry-standard privacy and security practices and also recommends that clinicians follow their organization’s disclosure and consent policies...
Deirdre Mulligan, JD, professor at the University of California, Berkeley School of Information, who researches responsible AI and technology governance, told Medscape Medical News that health systems are still figuring out how to integrate these tools into clinical workflows while meeting existing consent and disclosure requirements.
“If appropriately evaluated, tested, and monitored, and if privacy issues are addressed, these tools can provide more space for interactions between patients and clinicians,” she said. “But to get that process right, organizations must really understand the data flows and have contractual provisions in place to handle patient data and disclosures, especially when the technology is offered by third parties...”
Deirdre Mulligan is a professor at the University of California, Berkeley School of Information who researches responsible AI and technology governance. She previously served as the Principal Deputy U.S. Chief Technology Officer at the White House Office of Science Technology and Policy.
