Study On Legal Issues Of The Subjectivity Medical Records

Medical Records is a carrier of the whole medical process, recording a disease diagnosis, examination and treatment in the hospital (through the doctor). A excellent record not only reflect the hospital and medical personnel in medical technology level, but also can be able to conduct scientific research for hospital. At the same time medical records can provide raw material summary for possible medical disputes in the future. The records can play the primitive evidence role. This article will retreat medical records into subjectivity medical records and objectivity medical records. The objectivity medical records can be copied to patients, but the subjective medical records will be sealed up for safekeeping only in medical disputes. Therefore, in the patient's angle, the authors try to emphatically discuss the medical subjectivity records, find why hospital won't copy subjectivity medical records to patients, and put forward the feasible treatment methods to the problems, in order to protect the rights of patients. The paper is divided into four parts:The first part is the general outline of the subjectivity medical records, including the classification of medical records, the source of "subjectivity medical records". And elaborate the contents of subjectivity medical records.The second part expounds the rights and obligations of hospital to the subjectivity medical records. The author mainly expounds the hospital owns the subjectivity medical records and its copyright. In addition, in some special case or high- technology medical cases, the subjectivity medical records were regarded as commercial secrets. The paper also mainly expounds the Obligations of hospital to custody medical records.The third part expounds the rights of patients to the subjectivity medical records. It fully explains the subjectivity medical records are important for the patients.The fourth part is the key part. This part mainly discusses the confliction between the copying-rights of patients and the ownership of hospital to the subjectivity medical records. Meanwhile, this part analyzes the present situation of the medical records'copy, and emphasizes the important significance of the subjectivity medical records copy to patients, especially for litigation, for treatment in the next time, for learning illness. At last the article try to find the causes of confliction, and find out the source of patients'copying-rights to the subjectivity medical records by learning from the foreign methods, and put forward the suitable methods to the copying of the subjectivity medical records in our country, and also demonstrates the feasibility of methods.