Several Californians sued Sutter Health and MemorialCare this week over allegations that an AI transcription tool was used to record them without their consent, in violation of state and federal law.
The proposed class-action lawsuit, filed on Wednesday in federal court in San Francisco, states that, within the past six months, the plaintiffs received medical care at various Sutter and MemorialCare facilities.
During those visits, medical staff used Abridge AI. According to the complaint, this system “captured and processed their confidential physician-patient communications. Plaintiffs did not receive clear notice that their medical conversations would be recorded by an artificial intelligence platform, transmitted outside the clinical setting, or processed through third-party systems.”
The complaint adds that these recordings “contained individually identifiable medical information, including but not limited to medical histories, symptoms, diagnoses, medications, treatment discussions, and other sensitive health disclosures communicated during confidential medical consultations.”
In recent years, Abridge’s software and AI service have been rapidly deployed across major health care providers nationwide, including Kaiser Permanente, the Mayo Clinic, Duke Health, and many more.
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Frequently Asked Questions
Sutter Health and MemorialCare face a proposed class-action lawsuit in San Francisco federal court over allegations that the Abridge AI transcription tool recorded patients without their consent.
Confidential physician-patient communications – including medical histories, symptoms, diagnoses, medications, and treatment discussions – transmitted outside the clinical setting and processed through third-party systems.
None that was clear – the complaint states plaintiffs did not receive clear notice their medical conversations would be recorded by an AI platform.
It has been rapidly deployed across major providers nationwide, including Kaiser Permanente, the Mayo Clinic, and Duke Health.
