VICDOC Summer 2025 - Flipbook - Page 71
generating clinical notes and will not
their ‘usual practice’ and narrow factual
disclose the personal information to any
disputes, where previously their notes
subcontractors or other third parties.
may not have reflected the entire
In terms of patient consent and the
accuracy of records:
(a)
it is recommended to obtain
written consent (for example,
on new patient forms) and then
verbal consent prior to the
recording;
(b)
consent must be obtained from
everyone in the consultation, not
just the patient;
(c)
discussion with a patient.
AI scribes can reduce the administrative
burden on doctors, ensure accuracy of
notes and provide more time for doctors
to spend time with their patients.
However, the potential medico-legal
issues which may arise include a failure
to keep software updated leading to a
malfunctioning of the system or potential
data breaches, clinics who employ
doctors without providing them with
it is the responsibility of each
adequate training about the software,
individual doctor to check AI-
and privacy complaints from patients if
generated medical records
there is a failure to obtain consent and
are accurate and reflect what
be transparent that AI scribes are being
happened during a consultation.
used.
This check should be done while
the consultation is still fresh
____________________________________
in your mind. This is to protect
against the risk of AI errors and
1
code of conduct for doctors in Australia.
‘hallucinations’
Inadequate clinical notes are often
2
where Medicare has commenced an
investigation into their billing practices.
Also referred to as AI transcription software
or ambient voice technology.
an issue when defending legal claims
against doctors, or assisting doctors
Paragraph 10.5 Good medical practice: a
3
Surveillance Devices Act 1999 (Vic).
4
Privacy Act 1988 (Cth).
AI scribes will likely reduce the
requirement for doctors to rely on
Level 9 | 360 Elizabeth Street
Melbourne Victoria 3000
Australia
T: +61 3 9498 6699
kennedyslaw.com
71