Two major healthcare providers, Sutter Health and MemorialCare, have been hit with a class-action lawsuit in California over allegations that they used AI to record and transcribe patient conversations without their consent.
The suit, first spotted by Ars Technica, claims that the companies used software developed by Abridge AI, sometimes dubbed an “ambient clinical documentation” system. This technology was allegedly used during patient encounters to capture and transcribe physician–patient conversations, using microphone-enabled devices in examination rooms.
Abridge’s software allegedly transmitted the audio of the clinical encounters to external servers for automated transcription and analysis, and generated draft clinical notes that were added to the patients’ health records, including personal data about health conditions.
Plaintiffs claim they did not receive clear notice that their medical conversations would be recorded, transmitted outside the clinical setting, or processed through third-party systems, in contravention of California privacy laws.
Sutter spokesperson Liz Madison told Ars Technica that it takes “patient privacy seriously” and that it is “committed to protecting the security of our patients’ information.”
She added: “Technology used in our clinical settings is carefully evaluated and implemented in accordance with applicable laws and regulations.”
Wendy Dow, a spokesperson for MemorialCare, commented: “We don’t comment on pending litigation.”
AI transcription has been at the crux of several recent lawsuits in California, invoking the state’s privacy legislation. In April, AI transcription software firm Otter was hit with a case accusing it of “deceptively and surreptitiously” recording private conversations without getting necessary permission from meeting attendees to record their communications. The case concerned its Note Taker product which can automatically create meeting notes via its integration with Zoom and Microsoft Teams.
Bradford Kelley, a lawyer at Littler Mendelson, told HR Executive earlier this month that “AI transcription and recording issues are a hot topic,” highlighting issues like different states’ standards of consent when recording meetings.
Get Our Best Stories!
Your Daily Dose of Our Top Tech News
By clicking Sign Me Up, you confirm you are 16+ and agree to our Terms of Use and Privacy
Policy.
Thanks for signing up!
Your subscription has been confirmed. Keep an eye on your inbox!
About Our Expert
Experience
I’m a reporter covering weekend news. Before joining PCMag in 2024, I picked up bylines in BBC News, The Guardian, The Times of London, The Daily Beast, Vice, Slate, Fast Company, The Evening Standard, The i, TechRadar, and Decrypt Media.
I’ve been a PC gamer since you had to install games from multiple CD-ROMs by hand. As a reporter, I’m passionate about the intersection of tech and human lives. I’ve covered everything from crypto scandals to the art world, as well as conspiracy theories, UK politics, and Russia and foreign affairs.
Read Full Bio
&w=1024&resize=1024,1024&ssl=1 "Lady Danbury volta para a temporada 5 de Bridgerton? Confira o que diz a criadora da série")
