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<p>The exploratory research investigates blockchain technology and AI-based healthcare solutions to protect patient rights through ethical communication, improved physician–patient relationships, and enhanced accountability. The current legal framework governing patient data security and privacy, as well as consent in medical settings, is enacted under the Health Insurance Portability and Accountability Act (HIPAA) and the Electronic Communications Privacy Act in the United States. However, these laws are weak and disjointed regarding privacy concerns and consent for the use of audio recordings in medical settings, with current regulations reflecting general state laws. These legal gaps in state regulations, combined with the current required and accessible documentation for patients, negatively impact patient autonomy by limiting the information available to patients following a visit. Without an accurate, truly detailed record, their right to documentation is not fully executed. Additionally, physicians are spending more than 35% of their time on documentation, which drastically reduces the duration spent on one-on-one communication with patients and attending to their needs, resulting in a lower quality of care (Joukes et al. Appl Clin Inform, 9(1):46–53. 2018). The suggested solution combines speech-to-text transcription systems with blockchain-based electronic health records (EHRs) to guarantee that doctor-patient conversations are stored in a way that is immutable and auditable. Permissioned blockchain networks, such as Hyperledger Fabric, can be used by healthcare providers to secure data, control access, and meet compliance requirements. This system supports the legal right to transparency by enabling patients to read and securely share their records, all while protecting data through encryption and decentralized control. The research also highlights how blockchain technology’s audit trails and smart contracts can enhance the collection of legal evidence to support both doctors and patients in cases of malpractice. In addition, proposed legal solutions and analyses for implementing this technology are outlined, including measures to enhance doctors’ compliance, federal-level reform, recording rights, and protections for patients. Ultimately, this study underscores the necessity for legal frameworks that align with emerging technologies, thereby promoting equitable healthcare delivery through secure, transparent, and patient-centric systems.</p>

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Exploring the legality of artificial intelligence and blockchain technology’s role in protecting patient rights

  • 期刊论文

  • 发表日期：

    2025年8月27日

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  • Jason Spinrad,
  • Shiddarth Srivastava

摘要

The exploratory research investigates blockchain technology and AI-based healthcare solutions to protect patient rights through ethical communication, improved physician–patient relationships, and enhanced accountability. The current legal framework governing patient data security and privacy, as well as consent in medical settings, is enacted under the Health Insurance Portability and Accountability Act (HIPAA) and the Electronic Communications Privacy Act in the United States. However, these laws are weak and disjointed regarding privacy concerns and consent for the use of audio recordings in medical settings, with current regulations reflecting general state laws. These legal gaps in state regulations, combined with the current required and accessible documentation for patients, negatively impact patient autonomy by limiting the information available to patients following a visit. Without an accurate, truly detailed record, their right to documentation is not fully executed. Additionally, physicians are spending more than 35% of their time on documentation, which drastically reduces the duration spent on one-on-one communication with patients and attending to their needs, resulting in a lower quality of care (Joukes et al. Appl Clin Inform, 9(1):46–53. 2018). The suggested solution combines speech-to-text transcription systems with blockchain-based electronic health records (EHRs) to guarantee that doctor-patient conversations are stored in a way that is immutable and auditable. Permissioned blockchain networks, such as Hyperledger Fabric, can be used by healthcare providers to secure data, control access, and meet compliance requirements. This system supports the legal right to transparency by enabling patients to read and securely share their records, all while protecting data through encryption and decentralized control. The research also highlights how blockchain technology’s audit trails and smart contracts can enhance the collection of legal evidence to support both doctors and patients in cases of malpractice. In addition, proposed legal solutions and analyses for implementing this technology are outlined, including measures to enhance doctors’ compliance, federal-level reform, recording rights, and protections for patients. Ultimately, this study underscores the necessity for legal frameworks that align with emerging technologies, thereby promoting equitable healthcare delivery through secure, transparent, and patient-centric systems.