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Medical Daily
Medical Daily
Elena Vega

AI Scribes Are Now Recording Millions of Doctor Visits. Are Patients Being Asked? A Major Lawsuit Says No

The next time you sit down in a doctor's office, there may be a third party in the room — invisible, silent, and recording every word. Ambient AI medical scribes, which use microphone-enabled devices to capture the full audio of doctor-patient conversations, transcribe them in real time, and auto-generate clinical documentation for the medical record, have been deployed at an accelerating pace across U.S. healthcare systems over the past two years. Companies including Nuance, Abridge, Suki, and Nabla have established partnerships with some of the largest health systems in the country — and the technology is spreading far faster than either patient awareness or regulatory guidance.

A June 10, 2026 deep dive published by Medscape is the latest to raise the alarm about informed consent, framing the issue with stark directness: recording a clinical conversation requires patient consent — and in California and 12 other states, all parties in the conversation must consent before recording begins. Lawsuits allege that patients were not asked whether recording was appropriate, were not told what the recording would be used for, and were not informed about third-party data retention.

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