Medical records are legally valid documents and an important basis for medical disputes and lawsuits. From the perspective of the masses, when medical disputes occur, medical records are important evidence to safeguard the health rights and interests of the masses. From the perspective of medical institutions, medical records are a powerful tool for medical institutions and medical staff to protect themselves.
Netizen consultation:
What should I do if the hospital refuses to provide medical records after a medical dispute?
Lawyer answers:
It is illegal for a hospital to refuse to provide medical records. Patients have the right to access and copy all medical recordsMedical establishments and their medical personnel shall explain and handle the consultations and opinions raised by patients in accordance with regulations, and conduct verification, self-examination, and communication of the questions raised by patientsMedical establishments shall establish and complete systems for receiving complaints to facilitate patients' complaints or consultations. If the hospital refuses to provide medical records, you can take the following steps to defend your rights:
Step 1: The patient needs to apply to the hospital for a copy of the medical record, and the hospital will not take the initiative to copy the medical record to the patientThe patient should make a clear request as to what medical records to copy, or simply, I ask for a copy of all medical records that are part of the medical record in accordance with the law
Step 2: To make a request to the right person to copy the medical records, if the patient only asks your attending doctor or ** to copy the medical records, the attending doctor or ** may not be able to handle it correctly, the general hospital has a medical department or a doctor-patient relations office and other similar departments, and the application to these departments can generally be properly handled.
Step 3: If you find the right department and the hospital still refuses to provide medical records, you can negotiate with the hospital in accordance with Articles 16 and 47 of the Regulations on the Prevention and Handling of Medical Disputes.
Step 4: If the hospital still refuses, you can file a complaint with the local health and wellness board or call 12345 directly.
Lawyer adds:
Where patients are required to make copies or reproduce medical records in accordance with regulations, medical establishments shall provide photocopying or copying services and affix a certification mark to the copied or reproduced medical record materials. When photocopying or reproducing medical records, the patient shall be present. Chinese law provides for the principle of presumption of fault to protect the legitimate rights of patients. It is the legal right of patients to make copies or reproductions of their medical records in medical institutions**.
Legal basis] Article 16 of the Regulations on the Prevention and Handling of Medical Disputes Patients have the right to consult and copy their outpatient medical records, hospitalization records, temperature sheets, doctor's orders, laboratory tests (test reports), medical imaging examination materials, special examination consents, surgical consents, surgical and anesthesia records, pathological data, nursing records, medical expenses and all other information that belongs to medical records as stipulated by the competent health authorities.
Where patients request a copy of the medical record materials, the medical establishment shall provide a follow-up service and affix a certification seal to the copied medical record materials. When reproducing medical records, the patient or his close relatives should be present. At the request of patients, medical establishments may charge a fee for reproducing medical records for patients, and the fee standards shall be made public.
Where a patient dies, his close relatives may consult and reproduce medical records in accordance with the provisions of these Regulations.
Lawyer Ji Jiawen's profile
Lawyer of Beijing Yingke (Nantong) Law Firm. LLM Master of Laws, specializing in law for several years, specializing in solving legal problems around him. Since his work, he has not only participated in the bidding and bidding of many large enterprises, but also solved many civil disputes such as marriage and labor, and has his own unique way of solving marriage and family problems, which has won unanimous praise from clients.