Study On The Effects Of Medical Records Evidence In Medical Disputes

With the deepening of the medical system reform and judicial reform in our country, the doctor-patient relationship of legal issues are also beginning to arouse people’s attention, how to solve the doctor-patient contradiction under the thinking of laws, has become an important subject of the new age. Both doctors and patients are the two opposite side of contradiction, are also the harmonious unity of promoting the doctor-patient relationship.Transforming the way of alerting, confrontation to understanding, cooperation, and achieve harmony, which is the necessary way of the doctor-patient relationship. Law can resolve contradictions effectively, and achieve the power balance from the perspective of justice. With the strengthening of concept of law, people began to aware the effect of evidence in medical records.Evidence was one of the important factors that decide the dispute results in the conciliation, mediation, or lawsuit. Therefore, this article focuses on the role of evidence is the archives of medical records in medical disputes.This paper summarized the evidence in medical dispute, and use case study to address the important position of medical disputes, and then through the investigation and study of utilization of medical record in medical dispute in the year of 2011-2015, we concluded that the judicial matters are increasing and the utilization rate of medical disputes is risen, reflects the present status that utilization of medical records in the related medical disputes, as well as the use of the of medical litigation are increasing.Then according to the result of case, and the investigation of problems restricted medical record from management using forensics, the burden of proof and practice. In the use of the problems existing in the management, such as in the medical record writing is not standard, including writing spelling and grammar flaws, no strict time limit for writing, case cover items, such as page fault phenomenon; Medical record archiving flawed, including part not archive and the whole archive; The lack of medical records management system, the system exists the phenomenon of weak supervision and inspection, and "take safekeeping important, and overlook utilization",and the lack of professional archives management; There are medical fraud, daub is illegal; Onus probandi inversion objectively exists in the medical litigation use increased the plaintiffs burden of proof for medical record defecate responsibility and the related law is not given by a series of problems, such as; In the disputes in the practice of evidence there is a sealed case, copy, not in time to obtain evidence of problems such as an abstruse.Finally combining appeal problems the author puts forward some measures, such as strengthening legal consciousness, management mechanism in accordance with the specification, strengthen medical record quality supervision and inspection mechanism, completely eradicate the illegal behavior of medical records writing and management; Raise the attention of inform obligation and the right to know in the chart, insist on the principle of loyalty, approachable, appropriate. For the problems of onus probandi inversion, this essay proposed legislation to improve patients proof ability and legislative supplement defecate medical records when the burden of proof and so on, the author also proposes the measure of strengthening legislative intervention, lawyers intervene forensics in advance, perfect the third party mediation mechanism, make the proposal from the general direction for medical records in medical disputes to play its role better.