Medical Malpractice and AI Scribing Apps

Artificial intelligence continues to transform healthcare, and AI-powered scribing apps are emerging as the newest tools for helping clinician efficiency. These scribing software solutions promise to streamline note-taking, reduce burnout and improve accuracy in medical records. But, as with any new technology, scribing medical apps introduce potential medical malpractice risks—particularly when it comes to data storage, liability and legal admissibility in court.

How AI Scribing Apps Work

AI scribing apps work by passively recording clinical encounters, generating a structured note that can be directly uploaded into the electronic health record (EHR). Unlike traditional transcription services, these scribing apps are designed to filter out casual conversations—like small talk about weekend plans—while capturing key clinical details.

Most third-party apps are HIPAA-compliant, storing encrypted recordings in a secure cloud rather than on local devices. This setup can offer clinicians the ability to reference the original audio if a dispute arises over documentation accuracy. However, the stored recordings raise important legal questions about data permanence and access, particularly when the accuracy of patient records could come under scrutiny in court.

The Role of AI Scribing Apps in Malpractice Cases

One of the biggest concerns with scribing AI is whether the audio recordings they generate could be subpoenaed in malpractice lawsuits. Historically, if a dispute arises over what was communicated during a medical encounter, the written medical note has generally served as the only record—reflecting the clinician's professional judgment and medical reasoning.

But what happens when an unedited audio file contradicts the written note?

In a lawsuit, audio files could be used to corroborate—or challenge—the clinician’s documentation. If a patient claims they reported symptoms that weren’t documented, a recording could serve as powerful evidence. Conversely, it could also protect providers, proving that they thoroughly addressed a concern that was later misremembered or omitted from written records.

The question remains: Will healthcare organizations and legal teams encourage or restrict the storage of such recordings? The answer may shape artificial intelligence writing software policies in clinical settings.

Objectivity vs. Interpretation in Medical Records

Medical notes are not just verbatim transcriptions—they’re curated clinical summaries. Clinicians interpret and document information based on relevance, omitting non-essential details to focus on patient care.

For example:

• A parent might say their child is “lethargic,” but the clinician observes a babbling, playful toddler.
• A patient might mention “chest pain” in the context of mild, fleeting discomfort, but the provider determines it’s non-cardiac in nature.

Similarly, there have been real-life malpractice cases where a plaintiff argues that they had reported specific symptoms that the provider neglected to document, leading to a misdiagnosis or delay in treatment. If the existence of a recording confirms the patient’s account, it could be damaging to the defense, raising the stakes for both clinicians and healthcare facilities. 

Conversely, the audio recording could protect a clinician, substantiating that they addressed all reported concerns appropriately.

How AI Scribing Apps Could Impact Patient-Provider Dynamics

Recording patient encounters could also change the way clinicians and patients interact.

• Patients may be hesitant to discuss sensitive issues, unsure of how recordings will be used.
• Clinicians might become overly cautious, fearing legal ramifications of casual statements.
• Providers could alter their communication style, potentially making encounters feel more formal and impersonal.

Ultimately, the success of scribing software depends on striking a balance between documentation efficiency and preserving trust in the patient-provider relationship.

Key Takeaways for Clinicians and Legal Teams

As AI-powered scribing apps gain traction, healthcare providers should approach them with awareness of both their benefits and potential legal pitfalls. For clinicians, these apps could be invaluable in improving the accuracy and efficiency of documentation and preventing burnout. They simultaneously should prepare for the possibility that recordings could become evidence in malpractice cases. As with any emerging technology, AI scribing apps should be used with eyes wide open to the balance between convenience, compliance, and liability in a field where accuracy and confidentiality are paramount.