Discussion On The Qualifications Of Evidence About Electronic Medical Records

With the development of medical information technology change rapidly, electronic medical records can be popularized in the majority of medical institutions, provides a great convenience for medical service. However, with the deepening medical reform and strengthen the concept of the rule of law in recent years, people’s legal consciousness constantly improve, the contradiction between the people on the level of medical service the growing demand and the limited level of medical case, medical disputes triggered by the occurrence of a large number of. As the carrier of electronic medical records recorded in new era of medical doctors, no doubt become the focus of dispute in medical lawsuit, the legal value of electronic medical records it is self-evident.But because of its own characteristics of electronic medical records that are subject to varying degrees of challenges the authenticity, relevance, legitimacy, whether they have the qualification of evidence, a lot of controversy in theory and practice. From the basic specification of electronic medical records in 2010 "(for Trial Implementation)" to 2012 August amendments to the "Civil Procedure Law" to 2013 "medical records management regulations" in 2015 and "Civil Procedure Law" judicial interpretation, the legal status of electronic medical records in medical lawsuits gradually clear, legislators’ attitude from the ambiguous to gradually clear, and in the future should continue to change the system design more fine, clear. In this paper, the problems of electronic medical records in medical disputes occur based on the in-depth discussion of the competency of evidence of electronic medical record. On the structure of the article, the author as follow:In the typical case as the starting point, the legal difficulties of evidence qualification of electronic medical records in the course of the proceedings are evidence of qualifications, namely the determination of electronic medical records, electronic medical records is a problem of evidence, evidence qualification security problems of electronic medical records. The second chapter for the electronic medical record source of difficulties in medical disputes, namely, the particularity of electronic medical record. This paper thinks that electronic medical records has fragile particularity, convenience, such as intangibility, but also can carry on the examination and judgment of authenticity, relevance, legitimacy. The third chapter in the face of electronic medical records in medical disputes challenge, construction put forward three kinds of feasible scheme of electronic medical records and evidence from the security system, two sets of system management mode, the third party management pattern as well as the digital signature and timestamp combination mode. Finally, combining with the practice of archives as the third party management mode is the best choice.