Two major healthcare providers, Sutter Health and MemorialCare, have been the subject of a class-action lawsuit in California over allegations that they used artificial intelligence to record and transcribe patient conversations without their consent.
He suitFirst discovered by Ars Technica, it states that the companies used software developed by Abridge AI, sometimes called an “environmental clinical documentation” system. This technology was allegedly used during patient encounters to capture and transcribe doctor-patient conversations, using microphone devices in exam rooms.
Abridge’s software allegedly transmitted audio of clinical encounters to external servers for automated transcription and analysis, and generated draft clinical notes that were added to patients’ medical records, including personal data about health conditions.
The plaintiffs claim that they did not receive clear notice that their medical conversations would be recorded, transmitted outside of the clinical setting, or processed through third-party systems, in violation of California privacy laws.
Sutter spokesperson Liz Madison told Ars Technica that she takes patient privacy “seriously” and is “committed to protecting the security of our patients’ information.”
He added: “The technology used in our clinical settings is carefully evaluated and implemented in accordance with applicable laws and regulations.”
Wendy Dow, a spokeswoman for MemorialCare, commented: “We do not comment on pending litigation.”
AI transcription has been at the center of several recent lawsuits in California, invoking the state’s privacy legislation. In April, AI transcription software company Otter was hit with a case accusing him of “deceptively and surreptitiously” recording private conversations without obtaining the necessary permission from meeting attendees to record their communications. The case concerned its product Note Taker, which can automatically create meeting notes through its integration with Zoom and Microsoft Teams.
Bradford Kelley, attorney for Littler Mendelson, said HR Executive earlier this month that “AI transcription and recording issues are a hot topic,” highlighting issues such as different states’ consent standards when recording meetings.
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