Checklist · Personal Injury & Compensation

Protocol: AI-generated medical chronologies (privacy, verification and use in evidence)

Firm protocol for producing medical chronologies with AI: approved secure tools only, handling of subpoenaed and restricted records, page-cited entries, 100% source verification, and rules for giving chronologies to experts and courts.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for Australia and New South Wales.
Version
1
Source
Written for this library

When to use it

Use whenever a personal injury or medical negligence team uses AI to summarise or chronologise medical records. It applies to records from the client, providers, subpoenas and directions for production. It does not authorise any AI use the matter's court or tribunal rules prohibit.

How AI may be used

AI may draft chronologies from health records only in approved secure tools, and every entry must be traced to a page in the source records by a person before the chronology is used, given to an expert or relied on.

AI may

  • Extract dated entries (date, provider, event, findings, treatment) with a page reference for each.
  • Flag gaps, duplicates, illegible pages and conflicting entries for human review.
  • Produce a coverage table showing which providers and periods are in the record set.

AI must not

  • Must not process health records in a public or consumer AI tool, or any tool whose terms allow training on or retention of the data.
  • Must not receive subpoenaed material or material under a direction for production unless the SC Gen 23 para 9A or PIC13 para 10 conditions are met.
  • Must not infer diagnoses, causation, breach or prognosis, or add anything not in the records.

The lawyer checks

  • The tool is on the firm's approved list for sensitive information, with no training and controlled retention.
  • A named person has checked every entry against its source page and signed the verification log.
  • Omissions have been tested by reading key periods in the source records.
  • The chronology is labelled as a lawyer's working document and experts are given the source records, not just the chronology.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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