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Research On The Law Of The Medical Record

Posted on:2013-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:S S HanFull Text:PDF
GTID:2246330395988086Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
In recent years, the physician-patient relationship is increasingly tense, yearby year increase in medical disputes, medical malpractice compensation cases areincreasing, especially in China since the inversion of the burden of proof, manypatients stole medical records, destruction of records, the medical side is illegal tomodify records in the medical hidden records, lost records of events, and even thepublic security agencies handling needs, insurance agency because of the claimsneeded to participate into the medical battle. Medical activities can not be copied,the occurrence of medical practices can not reproduce, patients or other thirdparty would to understand the situation, we can only rely on medical records. Sothat medical records play an irreplaceable role in the entire health care activities.In judicial practice, the public security organs, procuratorates, courts in dealingwith medical events can only rely on medical records to understand the medicalpractices of the whole story, this time, the medical record plays the role of theoriginal evidence is the factual basis of the medical dispute, with evidence ofeffectiveness. In order to give full play to the role of medical records in litigation,we must be clear ownership of medical records in litigation; we must be clearownership of the medical, patient medical records of their respective rights andassume the obligations.We know that on the evidence in the civil action, must have legitimacy,relevance, authenticity three elements. The medical records in order to becomeevidence of a civil action, also need to comply with the constituent elements ofevidence.Legitimacy, relevance, we are very easy to prove, but the authenticityof the records is difficult to prove. To prove the authenticity of the recordsrequired medical records must be true, medical personnel, production recordsmust be in strict accordance with the written medical records basic specificationrequirements in the form of writing, are not free to modify. The authenticity of themedical records related to the medical records whether the evidence in theproceedings, and false medical records may make the patient medical records,even on the medical side of medical practices into question, the medical staffmust change the understanding, it is necessary to attach importance to medicalrecords medicine value, but also attach importance to the legal value of the medical records, serious writing medical records, focusing on the correlationbetween the various parts of the medical records, medical records can become acomplete chain of evidence.Properly handle the battle of the medical records, the law also must be clearto both doctors and patients on the medical records of their respective rights andobligations. The law clearly stipulates that patients have access to patient records,copy, copy rights, and medical incidents occurring in patients or their familymembers are entitled to medical institutions with sealed and unsealed records.Rights need to undertake corresponding obligations, for example, may not snatchthe obligations of medical records; replication, copy records are kept by theobligation to pay a fee; custody of the obligations of good patient medical records.The enjoyment of the rights of self-produced medical records of the medicalinstitutions, and bear the written records, custody records shall not be altered,concealed, destroyed medical records obligations.With the development of computer technology, medical field application ofcomputer systems, electronic medical records came into being. Electronicmedical record has also brought new challenges in the medical field. Especiallythe question of the authenticity of electronic medical records, the practice hasbeen unresolved. Although the promulgation of the "electronic signature" to acertain extent to protect the authenticity of electronic medical records, electronicmedical records system kept by the medical side, there is no independent thirdparty, still its authenticity there is a big threat. I raised some superficial, hoping tochange the status of evidence of electronic medical records and paper medicalrecords have the same effect in the proceedings.
Keywords/Search Tags:Medical Record, Writing Norms, Electronic Medical Record
PDF Full Text Request
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