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Medical malpractice liability in the medical records identified Model Construction

Author: LiuLin
Tutor: YiJun
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Medical records Medical Malpractice Forensic
CLC: D922.16
Type: Master's thesis
Year: 2010
Downloads: 209
Quote: 0
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Abstract


In medical malpractice litigation, medical records identified as an important basis for real medical records for patient care of the whole process , a direct impact on the court for the identification of medical malpractice liability . China's existing laws and regulations on medical damage identification not make a unified , July 1, 2010 of concern, \for the identification of medical injury problems did not make any provision . In judicial practice , medical identification dualistic model to identify the medical records had a negative impact , the authenticity of the controversial medical records to the trial court to increase the difficulty. Based on the identification of the problem of medical records , medical records on the identification of patterns presented ideas for the identification of defective medical records made ​​feasible suggestions for reference , we want to solve the medical malpractice lawsuit medical records to help identify the difficult problem . This addition to the introduction and the conclusion is divided into four parts. First part of the medical records to make clear the meaning set forth , in accordance with the \This in-depth analysis of the medical records of the proceedings of the evidence in the medical role of the legal value of medical records and medical records of ownership attribution . The second part describes the macro mode of dualistic medical identification , analyzed the medical records of the duality to the adverse effects identified , summarized the medical records of the problems in the identification process . The third section details the Japanese medical records identified model features , and China and Japan in the medical record information, identify the problems encountered in the process were compared to identify patterns in Japan to make an objective evaluation , combined with China's national conditions may be appropriately learn some in-depth analysis . The fourth section elaborates the establishment of medical liability for damage identification mode concept , introduced the need for supporting the establishment of the medical malpractice liability system and the expert appraiser court system . Identification system in medical malpractice liability under the guarantee of the medical records of the identification methods , scope of the review and appraisal process made ​​feasible suggestions . In medical malpractice litigation records are important evidence of reproduction medical procedure . As a law student study author from the civil law perspective on the medical records identified common problems encountered . Hope that through the identification of new medical information system construction, to solve the difficult problem of identification of medical records , medical records and give full play to the role of evidence , to improve the credibility of expert conclusion , the Court finds liability for medical malpractice to provide a reference .

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