Lawsuit claims clinic used AI to record patient conversations without consent
A lawsuit seeking class-action status alleges that San Diego-based Sharp HealthCare used an artificial intelligence dictation tool to record patient conversations in secret, in violation of state and federal privacy laws.
According to the complaint, use of the tool—called Abridge—would not be an issue if Sharp sought consent from patients. However, the clinic is accused of marking down that patients consented instead of actually asking.
Staff at the facility have been using the technology since April, the complaint alleges. In covering the story, local KPBS said Sharp HealthCare was using the system to record conversations between patients and clinicians, from which the AI would automatically generate clinical notes for the encounter.
Plaintiffs allege that, in order to perform the note-taking task, the tool must capture everything said in an exam room, including sensitive details on diagnosis and treatment plans—all of which is protected information under the Health Insurance Portability and Accountability Act (HIPAA).
These audio recordings are also allegedly stored by Abridge after use to improve its AI.
Under California law, KPBS said all parties must consent before sensitive conversations—such as those that take place in a healthcare setting—can be recorded for any purpose. When Jose Saucedo, the primary plaintiff in the case, noticed his medical record appeared to be written by AI, he said he contacted Sharp who confirmed the use of the tool and apologized for the issue.
Consent confirmed?
Perhaps most concerning, Saucedo said the notes contain confirmations that patients were advised about the recordings and consented—affirmations that appear to have been added by the AI itself.
KPBS said Sharp declined to comment on pending litigation. Attorneys representing the plaintiff said they estimate 100,000 patient encounters have been recorded since the rollout of Abridge.
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Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.