Incorporating artificial intelligence (AI) tools into your practice offers many benefits, but it’s essential to navigate the legal and ethical considerations, particularly regarding patient consent. Patients have the right to be informed about how their personal health information is used. Obtaining proper consent not only complies with laws and professional guidelines but also builds trust and transparency with your patients.

Why Consent Matters

• Legal Compliance: You must obtain consent for collecting and using personal information according to privacy laws.

• Ethical Responsibility: Respecting patient autonomy and confidentiality is a cornerstone of medical ethics.

• Building Trust: Transparent communication about AI use fosters a stronger doctor-patient relationship.

Types of Consent

• Express Consent: Clear and direct agreement, either verbally or in writing. Recommended when using AI tools that process personal health data.

• Implied Consent: Inferred from a patient’s actions or the context. Not sufficient for AI use due to the sensitive nature of data processing.

Best Practices for Obtaining Consent

Provide Clear Information

• Explain the AI Tool: Describe what the AI does (e.g., transcribing consultations) in simple terms.

• Purpose and Benefits: Outline how the AI tool will improve their care.

• Data Handling: Inform them about data storage, security measures, and who will have access.

Discuss Potential Risks

• Privacy Concerns: Address any risks of data breaches and how they are mitigated.

• Limitations of AI: Be honest about the tool’s capabilities and any potential for errors.

Encourage Questions

• Open Dialogue: Allow patients to ask questions and express concerns.

• Clarify Misunderstandings: Ensure they fully understand before consenting.

Document the Consent

• Written Consent: Preferable for legal clarity; consider using consent forms.

• Record-Keeping: Note the consent in the patient’s medical record, including the information provided and their responses.

Respect Patient Decisions

• Right to Decline: If a patient refuses, continue the consultation without using the AI tool.

• No Pressure: Avoid pressuring patients into consenting.

Special Considerations

• Legal and Ethical Guidelines: Be aware of regulations regarding recording consultations and data privacy in your jurisdiction.

• Professional Bodies: Consult guidelines from medical associations and councils for best practices.

• Group Practices: Ensure all practitioners are aware of consent procedures and that patients know how their data is shared within the practice.

Consent with Minors

• Assess Capacity: Determine if the minor can understand and consent.

• Parental Involvement: Obtain consent from a parent or guardian when necessary.

• Legal Age: Familiarise yourself with local age requirements for consent. Learn more here

Obtaining informed consent for using AI in consultations is crucial for legal compliance and maintaining ethical standards. By providing clear information, encouraging open communication, and respecting patient autonomy, you can integrate AI tools into your practice responsibly. This approach not only safeguards patient rights but also enhances the trust and effectiveness of the doctor-patient relationship.