Research On Evidence Authenticity Identification Of Electronic Medical Records

Medical records record the whole process of medical institutions have important evidence value.Electronic medical record is an electronic form of medical record,which belongs to one of the types of electronic data evidence.However,it is difficult to use it as evidence in medical disputes,mainly because it is difficult to determine its authenticity,and thus cannot realize the evidential value of electronic medical record.Therefore,the author further studies the authenticity identification of electronic medical record in order to put forward practical solutions to the current judicial dilemma.The paper through analyzing the two cases to ask questions,and then discusses the basic theory of authenticity that electronic medical records and electronic medical record evidence of the value and the kinds of evidence,and then analyzes the four main problems existing in the electronic medical record ——the electronic medical record authenticity identifying subject is not clear,improper forged tampering with electronic medical records of the burden of proof allocation,the electronic medical record authenticity of the standard fuzzy,the deficiency in the system of electronic medical record storage,then put forward the corresponding perfecting suggestion.As for the subject of authenticity determination of electronic medical records,due to the decisive role of medical records,the judicial power of the court and the judicial authentication institution are in conflict with each other.Standard electronic medical record authenticity,around the "modify","content errors or contradictions" forged tampered with and reasonable modification of electronic medical records is difficult to distinguish,the reasonable explanation standard fuzzy problem is discussed,and combined with the medical record writing basic norms,rules and cases that embodies in the summary of common sense and distinguish between specific medical logic.In terms of the distribution of burden of proof for falsifying or tampering electronic medical records,one of the reasons for the difficulty of patient's burden of proof in medical compensation cases is the improper distribution of burdenof proof from the perspective of the fairness of law and the relevant provisions of tort Liability Law.Electronic medical record storage,this paper discusses the main body particularity,the method is not clear and start the term three main problems,in reference to the current relevant laws and regulations,technology,and puts forward the concrete Suggestions on the basis of actual situation,such as storage program introduction of notarization institutions,both doctors use block chain store,storage time limit of 48 respectively,24 hours,so as to further guarantee the authenticity of the electronic medical records.