A proposed class-action lawsuit filed in San Diego Superior Court claims Sharp HealthCare secretly recorded doctor-patient conversations using an artificial intelligence tool — and falsely documented that patients had given consent.
Sharp began using an AI app called Abridge in April of this year, according to the complaint. The tool records conversations between patients and clinicians and then generates draft medical notes. According to the lawsuit, the app captured everything said inside the exam room — including symptoms, diagnoses and personal details — and sent the audio to the company’s servers, where employees could review it.
Patients were never informed that their appointments were being recorded or given an opportunity to consent or opt-out, the lawsuit alleges. California law requires all parties to consent before confidential conversations can be recorded.
It also claims that Abridge automatically inserted incorrect statements into medical charts, documenting that patients “were advised” the visit was being recorded and that they “consented,” even when the patient said it never happened.
The plaintiff, Jose Saucedo, said he discovered the recording only after reading his medical notes from a July appointment at a Sharp Rees-Stealy clinic. When he contacted Sharp, the lawsuit said the clinic apologized, acknowledged the recording occurred and told him the file could remain on the vendor’s servers for about a month before being deleted.
Attorneys from Counterpoint Legal, who represent the plaintiff, argue the practice violates California privacy laws and the state’s Confidentiality of Medical Information Act, which requires written authorization before sharing identifiable medical information with outside companies.
The lawsuit seeks damages, corrections to medical records, and a court order blocking the use of the AI tool without proper consent. It estimates that more than 100,000 Sharp patients may have been recorded during the rollout.
Both Sharp and Counterpoint Legal said they cannot comment on pending litigation.
