Medico-legal risk and AI scribes

Responsibility attaches at the signature. Consent, retention and corrections are where a practice is exposed.

Written by the aurii team

A practitioner who signs a drafted note adopts it as their own account of the consultation. Four points carry most of the risk: signing without reading, consent that was never logged, a retention setting nobody chose, and a correction made without an addendum.

A clipboard and blue stethoscope arranged on a plain desk

Authorship and indemnity

The Medical Board of Australia's Good medical practice requires clear, accurate and up to date records of each consultation. No National Board standard names a documentation tool, so a note drafted by software and signed by a practitioner is that practitioner's record.

In a complaint, claim or coronial matter the signed note is read as a contemporaneous statement by the person who signed it. Attributing an entry to the software does not displace the obligation to have reviewed it.

Professional indemnity cover is written policy by policy, so put the tool to your medical defence organisation before it goes into clinical use. The vendor agreement's liability and incident-notification clauses are a separate review.

Signing without reading

A scribe captures what was spoken aloud. An examination finding observed without narration, a differential considered silently, and the reasoning behind the plan are absent until the practitioner adds them at review.

The draft is read against the consultation while it is fresh, and signed last. An error caught at review never enters the record, because a draft carries no status until it is signed. Signing a week of drafts in one sitting removes that protection.

Undefined retention

Discovery and subpoena reach documents relevant to the issues in dispute, and audio, transcripts, unsigned drafts and version history are documents. A draft that differs from the signed note is evidence that review happened. How long the signed record itself is kept is set by state and territory health-records law, commonly seven years from the last entry for an adult and, for a child patient, until the age of 25.

Ask the vendor what is retained and for how long: raw audio, the transcript, intermediate drafts, and whether the practice can shorten those periods. Write the answer into the policy, dated.

Deletion stops once the practice knows of a claim, a complaint or likely proceedings, and the MDO or the practice's lawyer is asked before anything is removed.

Correction without an addendum

An error in a signed note is corrected by a dated addendum identifying what was wrong and what is correct, with the original entry left in place. An entry altered without an addendum is visible in the practice software's audit trail.

A consult attached to the wrong patient is a record error in both files and a disclosure into another patient's record. Correct both by addendum, then assess the disclosure against the Notifiable Data Breaches scheme, which the OAIC administers and which requires notification where serious harm is likely.

Call the MDO before anything reactive is written into the record. Medico-legal advisory support is included in MDO membership.

aurii and the signed record

aurii drafts the note and the correspondence and stops there. A draft that has not been signed is not dispatched and does not enter the record. Nothing leaves aurii until a clinician signs it. Clinical safety.

The draft, the corrections made at review and the signature are recorded as separate events. Every action a practice user takes is written to a hash-chained audit log. How the chain works.

This article is general information about documentation practice and does not constitute legal, clinical or regulatory advice for any particular practice.

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