Mayo Clinic’s AI Ambient Listening Raises Consent and Accuracy Concerns in ERs

Mayo Clinic, one of the largest U.S. hospital networks, is deploying AI-powered "Ambient Listening" technology to record patient interactions with nurses, including in emergency rooms. The recordings are processed by AI to generate clinical documentation, and the program operates on an opt-out basis, meaning patients must explicitly decline to avoid being recorded.

This approach has sparked concerns about informed consent and the reliability of AI-generated medical notes. A recent study found that AI scribe tools can produce less accurate documentation than human scribes in certain situations, raising questions about the potential impact on patient care.

How the AI Recording Works

Mayo Clinic’s notice to patients states:

"Mayo Clinic would like to record interactions between you and your nurse to assist with electronic health record documentation."

A family member who accompanied an elderly patient to the emergency department shared a photo of the notice with 404 Media. They reported that the notice was not prominently displayed and was difficult to notice during an emergency.

The notice also warns that the recording may capture data protected under HIPAA, the U.S. health data protection law. It reads:

"This device may capture protected health information that is protected by the Health Insurance Portability and Accountability Act and Mayo Clinic’s Notice of Privacy Practices. Please ask a staff member for additional information."

Partnerships and Deployment

Mayo Clinic has been using Ambient Listening for several years. In a July 2024 press release, the clinic announced a collaboration with Epic and Abridge to develop a "generative AI ambient documentation workflow for nurses."

Abridge, the AI company behind the technology, describes itself as providing "Enterprise-grade AI for clinical conversations—trusted by the largest healthcare systems. Measurably improving outcomes for clinicians, nurses, and revenue cycle teams at scale."

In December 2024, Johns Hopkins Medicine announced an agreement to deploy Abridge’s ambient AI platform across 6,700 clinicians, six hospitals, and 40 patient-care centers, according to a press release from Abridge.

Mayo Clinic finalized an "enterprise-wide agreement" with Abridge in 2024, pairing the technology with approximately 2,000 clinicians serving over 1 million patients.

Privacy and Ethical Concerns

The opt-out model has drawn criticism, particularly in high-stress environments like emergency rooms, where patients may be unaware of the recording. Critics argue that the technology’s accuracy and the clarity of consent notices require further scrutiny to ensure patient rights are protected.