Does AI belong in the exam room? Lawsuit alleges Sharp violated patient privacy.

A recent lawsuit filed in San Diego Superior Court alleges that Sharp HealthCare recorded conversations between doctors and their patients without written consent, using the information to document visits with an artificial intelligence program developed by a private company in Pittsburgh.

While the lawsuit focuses on one particular medical provider in San Diego County, attempting to create a class-action claim made up of Sharp patients, it also shines a spotlight on the quiet, but broad adoption of AI-powered clinical transcription software throughout mainstream medicine.

A survey of San Diego medical providers made after the lawsuit was filed on Nov. 26 shows that several providers in the region are using similar systems.

Rady Children’s Hospital in San Diego said in an email that it is “currently conducting a limited pilot of ambient scribing technology with clinicians required to obtain patient consent prior to use.” UC San Diego Health confirmed that it uses a system called Nabla, which it installed “after a thorough security review.” The university health system says that it requires patient consent before using the system, which includes “an annual written consent (plus) verbal consent from the patient and all parties in the exam room at each visit.” Kaiser Permanente said in a statement that its clinicians “have access to a clinical documentation assistance tool that supports them with securely capturing initial clinical notes during visits wit...