Medical malpractice is a topic of great interest in the field of law, and the law of evidence plays a crucial role in this process. This article will conduct an in-depth study of the status of the law of evidence in medical disputes, the legal recognition of medical professional evidence and medical records, etc., in order to uncover the legal mysteries behind medical disputes for readers. 1. The basic concepts of the law of evidence1.Definition of evidenceEvidence refers to all kinds of materials, articles, or methods of explaining facts that can be proved or presumed to exist for the purpose of ascertaining facts. In medical disputes, evidence plays an important role in finding the truth and establishing responsibility. 2.Basic Principles of the Law of EvidencePrinciple of sufficiency: The evidence must be sufficient to overturn the other party's claim or prove one's own claim. The principle of directness: the evidence must directly prove the facts to be proved, and cannot be inferred indirectly. Principle of legality: The acquisition and use of evidence must be lawful, in accordance with legal procedures and legal methods.
2. The use of medical professional evidence1.Clinical medical evidenceIn medical disputes, clinical evidence is often a key part. The doctor's professional opinion and diagnosis report, as well as the results of medical examinations relevant to the patient, are all clinical medical evidence. This evidence will be recognized as professional medical opinion in court and will be essential for the interpretation of the diagnosis and treatment process and results.
2.Testimonies from medical expertsThe testimony of medical experts has a special legal status in medical malpractice cases. Professional medical opinions can provide scientific and authoritative explanations for the court, which can help judges and juries better understand medical facts and judge responsibility in medical disputes.
3. Legal recognition of medical records1.The legal status of medical recordsThe medical record is the most direct record in the medical process, which contains the basic information, medical history, and plan of the patient. In law, medical records are regarded as evidence of medical behavior, which plays an irreplaceable role in determining whether doctors are negligent and liable for medical disputes.
2.Legal consequences of falsification of medical recordsDoctors or medical institutions deliberately exaggerate the medical condition or cover up negligence in the medical records, which is medical record fraud. This is a serious violation of the law and may lead to legal liability. The authenticity and completeness of medical records play a crucial role in the court's decision.
IV. Preservation of Evidence in Medical Disputes1.The importance of evidence preservationIn medical disputes, evidence preservation is a very critical link. Prompt and effective preservation of medical evidence, medical records and other relevant materials can help ensure the authenticity of factual records and provide strong support for dispute resolution.
2.Legal procedures for evidence preservationThe evidence preservation procedure usually includes multiple steps such as court rulings, written applications, and witness testimony. In medical disputes, the parties or their ** persons may request the court to preserve medical evidence and medical records through formal procedures to prevent the loss, tampering or destruction of evidence.
The application of evidence law in medical disputes has a profound impact on the maintenance of doctor-patient relationship and social justice. Through the rational use of medical professional evidence and medical records, the court can more accurately determine whether the doctor is negligent and provide patients with fair judicial rulings. At the same time, for medical professionals, it is also a legal obligation to fulfill their medical duties by following the provisions of the Evidence Law and protecting the authenticity and integrity of medical records. Through in-depth research on the application of the law of evidence in medical disputes, we can better understand the legal relationship between doctors and patients, promote the reasonable resolution of medical disputes, and achieve harmonious coexistence between doctors and patients.