The news: Two California health systems were recently sued by patients for allegedly using an AI medical scribe to record provider–patient conversations without consent. The class-action lawsuit against Sutter Health and MemorialCare follows similar legal action filed months earlier against San Diego–based Sharp HealthCare, a case that remains open.

Digging into the details: Health systems are facing lawsuits alleging violations of state and federal consumer data privacy laws. In each case, the AI scribe solution was Abridge. Notably, Abridge’s own website provides specific script templates for clinicians to obtain the very consent these patients claim they never received, which reads: “I will be using a tool that records our conversation to help me write my clinical note, so I can pay more attention to our conversation and less time on the computer. Is that okay with you?”

Why it matters: AI scribe tools are becoming more mainstream in health systems and are widely embraced by physicians looking to reduce administrative burden.

• Between 20% and 30% of physicians are AI scribe adopters, studies have found.
• Research shows that AI scribes significantly reduce clinician burnout and improve work–life balance.

Implications for health systems and healthcare AI companies: Many consumers are already uneasy about doctors using AI in patient care. Failing to inform them that sensitive health conversations are being recorded is a serious breach of trust—one that can damage the patient-provider relationship and an organization’s reputation. While patient interactions have always been documented, there’s a clear distinction between charting notes in a medical record and recording conversations on a device. Disclosures at the time of appointment would help, giving staff the chance to address questions upfront.

Meanwhile, AI scribe vendors can support providers by clearly stating how long patient conversations are stored and when they can be deleted. They should also regularly remind clinicians that they must obtain consent and have the ability to stop recording at any time if a patient becomes uncomfortable.

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