On the evening of December 12, Zhou Haimei's studio Weibo issued a statement confirming that the famous Hong Kong star Ms. Zhou Haimei had passed away due to illness on December 11 at the age of 57.
Shortly after the obituary was released, a suspected electronic medical record of Zhou Haimei was filmed on the Internet, recording in detail Zhou Haimei's medical information in a hospital in Shunyi District, Beijing, and on the 13th, a staff member of the publicity department of the hospital involved confirmed the authenticity of the medical record to **.
Subsequently, this matter quickly sparked heated discussions on major online platforms, and continued to dominate the top few hot searches. The Beijing Shunyi District Health Commission immediately made a statement after paying attention to the relevant situation: the business department is dealing with this matter, and the results will be announced as soon as the investigation is carried out.
On the evening of the 13th, according to the Beijing News, the hospital has found two people involved in leaking medical records and handed them over, one of whom is a hospital employee and the other is a friend of the employee. At present, the employee involved has been suspended from practice, and the hospital is waiting for the results of further investigation.
Just yesterday on the morning of the 14th, Ping An Beijing Shunyi made a briefing: the Public Security Bureau investigated and dealt with a case of disseminating other people's privacy. After investigation, on December 11,Fu XX(Male, 36 years old) took advantage of his work 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 put Fu Moumou in accordance with the lawAdministrative detention.
The reason for this time".Zhou Haimei's case leakIt has aroused widespread condemnation from netizens, not only because Ms. Zhou Haimei has great influence as a public figure, but also because when Ms. Zhou Haimei just passed away, individual medical staff took advantage of their positionsThe disclosure of Ms. Zhou Haimei's illness, which she was most reluctant to disclose during her lifetime, is completely contrary to her wishesThis is a great disrespect to the deceased!
As the old saying goes,Do unto others as you would have them do unto youIf Ms. Zhou Haimei knew herself".The most reluctant to disclose information about the disease"It was leaked out, and it was seen by tens of millions of peopleWhat a blow that would be!Ordinary people are extra concerned about their privacy, let alone a star who is in the spotlight
It must be said that the medical records of celebrities have been leaked, and these things are not two cases together, and the most convenient person to leak is precisely the medical staff.
At the end of 2015,LejiaHe was injured while participating in a variety show and was sent to the hospital for treatment, and his operation report and admission medical records were posted on the Internet, and the privacy issues involved were shy and embarrassing, and discussions on the Internet came and went.
In 2015,Nicholas TseHe was injured during the filming of a variety show, and his medical records and X-rays were uploaded to the Internet, and then the manager issued a post condemning the publisher for violating privacy.
August 9, 2018Forest updatesHe went to a hospital in Beijing for nasal septum surgery. Subsequently, his anesthesia arrangements and inpatient medical records were posted on the Internet, which covered his personal information (age, address, chief complaint history), and these contents are often the privacy that celebrities care about the most!
October 2019, singerLin Junjieheld a concert in Zhenjiang, Jiangsu, and went to the hospital for medical treatment due to physical discomfort. In the afternoon of the same day, the medical information was leaked. There is also a ** showing that the medical staff of the hospital took turns lying on the bed he had used. The hospital later announced that the 11 people involved were dealt with accordingly and suspended for more than half a year.
This case is very special, because the patient's identity is a star, and it has caused serious consequences, and the medical staff who leaked the patient's privacy were administratively detained, which is the first publicly reported case of being detained for leaking the patient's privacy. There may be a series of career-affecting penalties such as suspension and revocation of medical licenses.
Because it was the medical records that were leaked, some doctors produced themDeep concernwithDeep bewildermentIf the protagonist of this incident is not a star, but just an ordinary patient, what kind of punishment will they receive after their medical records are made public?Is the severity of the punishment related to the influence of the public figure?What is a breach of patient privacy, can it be clarified?Many public meetings require doctors to hold patients' medical records for public discussion, does this count as a breach of patients' privacy?
One stone stirs up a thousand waves, because".Zhou Haimei's medical records leaked incidentRounds of discussion took place in the medical circle, and everyone began to focus on the patient's medical records.
A deputy director of the Department of Gastroenterology of a tertiary hospital in Jiangsu expressed his confusion and thoughts: "I am really confused, we have to discuss this matter." The reason why it has caused great repercussions may be because Zhou Haimei is a star, and the leaked medical staff's practices are:Take a picture of the medical record** and send it to the WeChat group。Maybe he didn't expect it to have that much impact. Is it true that as long as the same behavior does not have an impact on society, the punishment will be much smaller?Or is it that no matter whether it is a celebrity or an ordinary person, as long as you send your medical records to the WeChat group, you will be punished by detention and suspension?I really don't understand, is there an explanation?Because,In the daily morning meeting, our doctors sometimes send the patient's medical records to the WeChat group of more than a dozen or even dozens of people, is this also leaking the patient's privacy?
This question is to the point and to the point, and it must be clarified!
A doctor from a ** hospital in Chengdu, Sichuan Province also asked his confusion: "There will be a precedent for everything, and there will be guidance with precedent, and after there will be guidance."It is necessary to know what doctors can and cannot do。Disclosure of patient medical records is extremely common in the work of doctors, such as large-scale academic conferences, exchange of experience, by sharing the patient's basic condition, we have to disclose the patient's medical record. If you are participating in the satellite meeting, it is even more incredible, there must be thousands or even tens of thousands of people watching ** online and offline, does this count as a leak of patients' privacy?Very confused now!Regarding the patient's medical records, what can be disclosed and which cannot be made public?!!Urgent question!”
Indeed, in today's increasingly tense doctor-patient relationship, these questions about patient recordsBig right and wrongQuestions must be answered clearly. If it is not a public figure, it has no impact, it is just an academic discussion, but patients still take legal rights to protect their privacy issues, it is really unbearable for the doctor community, and I am afraid that it will be difficult for doctors to work with peace of mind in the future.
In this regard, a medical reform expert in Jiangxi said: "Leaking patient privacy is never allowed, and many legal provisions clearly stipulate that it shall not be disclosed, otherwise it will be punished." For example, academic conferences and morning meetings have to discuss cases, but in detail, as long as the cases are in the patient's privacy. At present, the detailed regulations in this regard are still very vague, and if the patient is investigated, sometimes the corresponding punishment will be carried out according to the social impact caused by the leakage, and there is no unified standard. I recommend thoughWhen conducting academic discussions, as long as the medical records are made public, it is necessary to obtain the patient's consent in advance, and code key information such as name and age according to the patient's requirements, so as not to cause unnecessary trouble.
On the 13th, on what kind of legal responsibility needs to be borne for leaking patients' privacy, China University of Political Science and LawLuo XiangThe professor gives a legal interpretation of the matter.
He believes that there is no doubt that there must be legal responsibility for deliberately leaking patients' medical records.
First of allCivil LiabilityArticle 994 of the Civil Code clearly stipulates that if the name, likeness, reputation, honor, privacy, and body of the deceased are infringed, his spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law;Where the deceased has no spouse or children and the parents are deceased, other close relatives have the right to request that the perpetrator bear civil liability in accordance with law.
The rights of the deceased, such as reputation, portrait, name, and honorary title, do not disappear completely with death, but can be maintained by their close relatives, which is not only a respect for the deceased, but also a protection of the interests of the living.
And then there'sAdministrative ResponsibilityArticle 56 of the "Physician Law" and Article 31 of the "* Regulations" stipulate that if a physician or ** leaks the privacy or personal information of patients in the course of their practice activities, they will be subject to administrative penalties such as warning, suspension of practice activities and even revocation of practice certificates by the competent health department at or above the county level. From this provision, it must also be clarified whether "patient medical records disclosed in academic conferences" are considered to be ??? leaking patient privacy
The above-mentioned laws and regulations guarantee a sound medical order and safeguard the professional ethics of medical personnelLuo Xiang"My personal superficial view is that the patients mentioned in this should not be limited to those who are alive. Even if it is considered that the patient does not include the deceased, then Article 58 of the Physician Law also stipulates that 'if a physician's professional ethics and medical ethics are seriously violated, causing a bad social impact, the competent health department of the people's ** at or above the provincial level shall revoke the doctor's practice certificate or order him to stop illegal practice activities, and shall be prohibited from engaging in medical and health services or medical clinical research for five years or even for life'. ”
However, "causing adverse social impacts" is a vague concept, and how to define it is also a problem.
As forCriminal liabilityArticle 253-1 of the Criminal Law stipulates that the crime of infringing on citizens' personal information, violating relevant state regulations, providing citizens' personal information to others or others, and the circumstances are serious, may be sentenced to up to seven years imprisonment. Personal health and physiological information is naturally a sensitive information, and it is a crime to illegally obtain, ** or provide more than 500 pieces of health and physiological information.
In addition, in September this year, the National Health Commission issued the Special Action Plan for Patient Safety (2023-2025).Emphasis is placed on ensuring the security of diagnosis and treatment information。The "Action Plan" requires that the importance of information security be increased, and information security level protection measures should be taken for the internal information systems of medical institutions as required to prevent data leakage, damage and loss, and it is strictly forbidden for anyone to provide patient diagnosis and treatment information to others or other institutions without authorization.
Protecting the privacy of patients is the responsibility of every hospital staff, but now, the privacy of patients is not done quite wellIf you have to disclose your patient's medical records due to academic exchanges, please obtain the patient's consent firstThose who deliberately disclose the patient's privacy by taking advantage of their position will definitely bear different legal responsibilities!Remember!
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