Zhou Haimei s rescue medical records were leaked, and the lawyer interpreted the legal responsibilit

Mondo Social Updated on 2024-01-29

On the evening of December 12, the studio of famous actress Zhou Haimei issued a statement, announcing that Zhou Haimei died of illness at the age of 57. Subsequently, a screenshot of the electronic medical record suspected of Zhou Haimei being sent to the hospital for rescue before her death was circulated on the Internet, and the medical record showed that the hospital was Shunyi Hospital of Beijing Traditional Chinese Medicine Hospital and recorded itZhou Haimei's personal information, consultation time and other relevant information. This matter sparked heated discussions.

According to the Beijing News "Emergency Call" reported on the evening of December 13, screenshots of electronic medical records leaked by the late actor Zhou Haimei show that the hospital involved is a hospital in Shunyi, Beijing. On the 13th, the reporter learned from an informed source in the hospital involved that two people involved in the leakage of medical records had been found and handed over. According to people familiar with the matterOne of the two people involved was a hospital employee and the other was a friend of the employee. At present, the employee involved has been suspended from practice, and the hospital is awaiting the results of further investigation. The staff of the hospital involved confirmed to reporters that the medical records circulated on the Internet were indeed the real medical records of the hospital. The staff said that the follow-up will be further investigated and dealt with according to the results of the ** investigation.

previously reported: Zhou Haimei's rescue medical records are suspected to have been leakedIntervention investigationsIn response to the suspected leakage of Zhou Haimei's rescue medical records, on the 13th, the staff of the Beijing Shunyi District Health Commission responded that they had paid attention to the relevant situation and the local government had intervened in the investigation.

Online electronic medical records **CCTV

According to Beijing News Broadcasting, on the morning of the 13th, the staff of the Propaganda Department of Shunyi Hospital of Beijing Hospital of Traditional Chinese Medicine replied to reporters that since the evening of the 12th, the hospital has begun to investigate the matter, and the incident is currently under further investigation, and the final investigation results will be announced through the hospital's official platform. On the 14th, according to @Ping An Beijing Shunyi, a briefing was issued: Recently, the Beijing Shunyi Public Security Bureau investigated and dealt with a case of spreading other people's privacy. After investigation, on December 11, Fu Moumou (male, 36 years old) took advantage of his convenience of working in a hospital in Shunyi District to take photos of a patient's personal medical records and send them to a WeChat group for the purpose of showing off, resulting in the spread of information and causing a bad social impact. At present, the Shunyi Public Security Bureau has placed Fu Moumou under administrative detention in accordance with the law.

What rights and interests of patients are violated by leaking medical records?What will be the impact?How can the family of the deceased defend their rights?According to the CCTV on December 13, Fu Jian, director of Henan Zejin Law Firm, said that the incident has aroused public attention and discussion on personal privacy protection. According to the Civil Code of the People's Republic of China, personal information such as name, portrait, reputation, honor, and privacy of individuals is protected by law. Personal information must not be illegally collected, used, processed, or provided to others without the consent of the person or his guardian. Therefore,Unauthorized disclosure of other people's medical records is illegal and should be punished by law. Fu Jian said,The disclosure of medical records is suspected of violating privacy and human dignity. Personal privacy includes the protection of personal information, health status, medical records and other private information, and the personal privacy of the deceased should also be respected and protected, "Zhou Haimei's medical records belong to the category of personal privacy, and unauthorized disclosure** is disrespectful and invasive of her and her family." In the Internet era, the problem of personal information leakage and abuse is becoming increasingly prominent, and it is necessary to strengthen the formulation and implementation of relevant laws and regulations to protect citizens' personal privacy rights. Fu Jian said,When handling patients' medical records, hospitals should strictly abide by laws and regulations, and respect and protect patients' privacy. Fu Jian said that according to Article 995 of the Civil Code, if the right of personality is infringed, the victim has the right to demand that the infringer bear responsibility, and the ways of assuming responsibility include stopping the infringement, removing obstacles, eliminating dangers, eliminating impacts, restoring reputation, and making formal apologies. In this case, the family of the deceased may negotiate with the relevant medical institution or medical personnel to resolve the situation, and request them to stop the infringement and compensate for the losses;They can also file a complaint with the health administrative department and ask it to investigate and take corresponding administrative measuresIf the above means cannot solve the problem, the family can seek legal aid and protect their rights and interests through judicial channels.

What are the consequences of leaking patient information?In September this year, the National Health Commission formulated and released the "Special Action Plan for Patient Safety (2023-2025)", which clearly states that it is necessary to pay more attention to information security, prevent data leakage, damage and loss, and strictly prohibit anyone from providing patient diagnosis and treatment information to others or other institutions without authorization.

According to the Civil Code of the People's Republic of China and the Basic Medical Care and Health Promotion Law of the People's Republic of China, medical institutions and their medical staff shall keep patients' privacy and personal information confidential. If the patient's privacy and personal information are disclosed, or the patient's medical record data is disclosed without the patient's consent, the patient shall bear tort liability. If someone obtains citizens' personal information in the course of performing their duties or providing services, or provides it to others, they may also be suspected of infringing on citizens' personal information. Paragraph 9 of Article 37 of the Law of the People's Republic of China on Medical Practitioners: If a physician leaks the privacy of patients in his practice activities, causing serious consequences, he will be given a warning or ordered to suspend his practice activities for more than six months and one year by the people's health administrative department at or above the county level, and if the circumstances are serious, his practice certificate shall be revoked, and if a crime is constituted, criminal responsibility shall be investigated according to law. According to article 253 of the Criminal Law of the People's Republic of China, where the circumstances of leaking medical information are serious, it may constitute the crime of infringing on citizens' personal information, and where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine. The above-mentioned lawyer Fu Jian believes thatThe incident has also raised public concerns about the confidentiality of information in the medical industry. As a professional medical institution, the hospital should strictly abide by the principle of medical confidentiality to ensure that the personal information of patients is not leaked. At the same time, patients and their families should also strengthen their awareness of protecting their privacy and avoid disseminating sensitive information at will. He saidProblems such as medical information leakage have brought warnings to society, people's livelihood, medical care and law. **: Synthesized from Beijing News Emergency Call, CCTV Network, Jimu News, Zongguan News, Beijing News Broadcasting, @周海媚工作室.

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