Client Prevails on Novel Question Involving AI in Healthcare

Larkins Vacura Kayser client The Vancouver Clinic prevailed in Clark County Superior Court on a novel question of law at the forefront of AI in the medical workspace. The case raised the issue of whether Washington’s Uniform Health Care Information Act, which provides patients with a broad right to access their health care information, gives patients a right to obtain the temporary recordings generated by an AI system that assists health care providers in creating written records of patient visits. These systems are growing in popularity as a means of reducing administrative overhead on health care providers. Following an evidentiary hearing, Superior Court Judge Gregory Gonzales ruled that the recordings were administrative in nature and thus not subject to disclosure under the Act. The Clinic was represented by Larkins Vacura Kayser attorneys Tom Bode and John Rake. The Washington State Medical Association, Washington State Hospital Association, and American Medical Association appeared as amici.

Larkins Vacura Kayser frequently litigates disputes in the healthcare industry across Oregon and Washington.