Prof. Robert Stewart Ph.D. urges greater transparency about AI assisted medical documentation, informed consent, and patient privacy.
Artificial intelligence is transforming healthcare by helping physicians streamline documentation and administrative tasks. As these technologies become more common, they are also raising important questions about patient privacy, informed consent, and the handling of sensitive medical information. For Prof. Robert Stewart Ph.D., those questions have become personal, for the “Abridge AI” medical documentation platform was used during appointments with a physician without his knowledge or consent. Stewart hopes to inform the general public that all doctors must ask for a patient’s permission before using any AI tool during appointments because they make audio recordings of the entire office encounter. This is a violation of the California Invasion of Privacy Act (CIPA) to audio record
any citizen, in a private setting, without Two-party consent. Here is the verbatim Law of California:
CIPA Privacy Claim Is Not a Medical Malpractice Issue:
A claim under the California Invasion of Privacy Act, Penal Code section 632, is not a claim for medical malpractice or professional negligence. A section 632 claim arises from the alleged intentional and unauthorized recording or eavesdropping on a confidential communication, not from any alleged failure to exercise due care in the rendering of medical services. California courts have long recognized that the invasion addressed by section 632 is a distinct privacy wrong.
Stewart says: “I want all patents to know that their children and themselves are being audio recorded, and their medical information is being sent to a private (non-Medical) company.
These are irrefutable facts that need to be known worldwide. The last two private spaces left in the civilized world are the Catholic Confession Booth and a Doctor’s office. Now that Doctors are secretly audio recording their patients, the Catholic Confession Booth may be the only private space left in the professional world.”
Prof. Robert Stewart Ph.D.,, has spent decades building a career that spans science, music, education, work for the Government, and public speaking. He earned a Doctor of Science in Astronomy from the University of California, Berkeley, and later received an honorary doctorate in World Religions from Provident University in Delaware. Stewart is also a respected multi-instrumentalist, composer, and producer whose albums The Force and
In the Gutta were released by Quincy Jones through Qwest and Warner Bros. Records. As lead tenor saxophonist on Wynton Marsalis’ Pulitzer Prize winning Blood on the Fields, Stewart earned recognition from leading critics and fellow musicians for his distinctive sound and creative improvisation.
Today, Stewart’s attention is focused on a new issue. He stated that Abridge AI is not sanctioned by the California Medical Board to receive or store any Medical Patient’s private Medical Records. Abridge AI is merely a private company.
Stewart says: According the by-laws of the American Medical Association of America, patients must always be informed when artificial intelligence technologies are used during medical appointments and how their personal health information will be processed, stored, or shared with third party technology providers. Informed Consent is enshrined in the by-laws of The American Medical Association of America:”
AMA Code of Medical Ethics Section 2.1.1 Informed Consent:
Informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well considered decisions about care. Successful communication in the patient-physician relationship fosters trust and supports shared decision making.
Transparency with patients regarding all medically appropriate options of treatment is critical to fostering trust and should extend to any discussions regarding who has access to patients’ health data and how data may be used.
The process of informed consent occurs when communication between a patient and physician results in the patient’s authorization or agreement to undergo a specific medical intervention. In seeking a patient’s informed consent (or the consent of the patient’s surrogate if the patient lacks decision-making capacity or declines to participate in making decisions).
According to the aforementioned, innovation should be accompanied by transparency so patients can make informed decisions regarding their own healthcare.
Stewart says: “My primary reason for coming forward is for the sake of children whose parents probably don’t think to ask Doctors about audio recordings in their offices.”
Beyond this issue, Stewart continues to write, lecture, and publish on science, religion, music, and cultural topics. Readers interested in learning more about his work can visit www.professorrobertstewart.org, explore his books on Amazon, watch his content on YouTube (@ProfRobertStewart), or read about his musical career on Wikipedia.
