Digital Scribes, Legal Signatures: AI-Generated Records in Medical Malpractice

This is the fourth article of our series discussing practical and evidentiary issues in medical malpractice. Each article will examine recent medical malpractice case law and focus on the practical and evidentiary issues within them. The goal is to provide some useful insight into the obstacles that occurred in hopes that future cases can adapt and develop new ways to overcome these challenges. In this article, Lindsay McGivern and Kate McInnes discuss the legal uncertainties that arise with the increasing use of AI tools in healthcare such as digital scribes for charting, and offer suggestions for how counsel can recognize and address potential AI-related evidentiary challenges.