electronic signatures and electronic records related to legal issues
Abstract: With the development of science and technology, electronic medical records should be in the medical activities as the main source of information instead of paper medical records, medical records and to provide services beyond the paper, but due to technical, legal constraints and other factors,
Cheap Diesel Jeans, the reality the use of electronic medical records electronic medical records is only just. Promulgation of the new electronic signature, medical institutions have been undertaken for the development of electronic medical records and create a favorable legal environment.
Keywords: electronic medical records; electronic signature; data messages; legal status; evidence
electronic medical records are electronically manage the private life-long health status and health attention action, is the medical use of computer and database system set up, including clinical data, exam data, medical imaging and other digital information, including [1]. The application of electronic medical records not only cultivate the quality of hospital care and efficiency of activities and sharing of information resources for the comprehension of health care to create the conditions. Electronic medical records should be in the medical activities as the main source of information instead of paper medical records, medical records and to provide services beyond the paper to meet all medical, legal and regulatory requirements [2]. However, due to technological advances, many annuals later for of the number of documents or data arsenal medium format is not compatible and can not read. Coupled with the integrity of electronic documents, evidence and so can not be guaranteed, resulting in many medical institutions for hospital information system electronic medical records are published first, and then hand-signed by the medical staff to retention. This is not a true electronic medical records electronic medical records, electronic medical records is only just. But it is gratifying is April 1, 2005 implementation of the
First, medical records and electronic medical records
1. The definition of medical records and the carrier: September 1, 2002 implementation of the
and the (urgent) patient records and medical records, Under this definition, the content of medical records is broad and wealthy, and not in the form and carrier limitations. The definition of the medical records listed the contents of that txt, characters, charts, images, slices, etc., are presumable to electronic information as a carrier. In fact, with the development of medication and the application of current medical equipment, some medical records have been achieved within the digital.
2. Electronic medical records and computerized clinical documentation: electronic medical records of clinical information systems in hospital after a relatively well-developed results, is a patient-centric information integration and related services. Written doctor's advice to all doctors, lab orders, test results are always scanned, but computerization of medical records. May be established only after the number of electronic medical records system, it may be shared, computing, statistics, evidence-and research and aid the medical and other functions. Electronic medical records should have covered the entire person's health records and can be transmitted over the Internet are two elementary properties, should have information-sharing systems, medical vigilant systems and medical information improperly database assist. Some specialists trust that electronic health record (EHR).
Second, the legal status of medical records
1. Mainly due to the legal significance of medical evidence of its role: medical records is to decide the relationship among civil decree, to decide the person's capability to prove that the sufferer victimization, and narrated medical forensic evidence of the important role based aboard medical records narrated to the number of civilian rights and obligations of the parties. The role of medical evidence, not its form, stuff and the carrier are another. Medical records, if periodical or electronic medical records, their significance and role of the law, are mainly deserving to its evidence of properties [4].
2. Medical records in medical malpractice litigation in the special legal status of medical records in medical malpractice case, evidence of the significance and role of evidence, and other litigation cases are significantly different. Complete medical records of the subject is a party to the squabble (medical), and medical records and narrate the object of the other party (patient), most of the medical content of the two sides do not have the Therefore,
Diesel Bootcut Jeans, in medical malpractice litigation, patients or their families are often challenged the authenticity of the content of medical records, affecting the effectiveness of medical evidence. Reflects the physician's medical records and clinical
bed speculative process, in the accident of medical malpractice,
Diesel Loose Jeans, misdiagnosis often is thought the fault of [5].
3. Records amended, modified, and make note of legitimacy: the medical staff in medical records, medical personnel have the right to make their own record of the work to rectify,
Diesel Jeans, modify, and make up idea. original prose. , failed to jot medical records, the medical staff ought be rescued within six hours after the end make up idea honestly, and to be specified.
4. . Medical malpractice litigation for the special requirements of proof: April 1, 2002, medical traditions at a time there is no medical dispose can not adduce evidence to prove fault, and medical treatments with no causal relationship between the injurious consequences, the presumption of fault established medical creations, the burden of proof is heavy. However, medical institutions can give evidence is mainly medical records, medical records can imagine the importance of [5].
Third, the electronic signature
1. Definition: electronic signature method data in electronic messages in the form in, affixed to identify the signer and that the signer endorses the content of the data. Electronic signature is a intricate encryption (public key or asymmetric) and generated, it requires electronic certification service providers the identity of electronic signatures to authenticate electronic signatures to ensure content validity of the certificate are complete and exact, to ensure that electronic signatures dependence can only validation or about matters in array to invest credit guarantees to counterparties.
2. Features: electronic signatures and handwritten signature or seal as the identity of the signer can be identified, accustomed the authenticity of documents namely were agreed and authorized the signing of the document and the content, and made a legal commitment. In adding, the electronic signature has the emulating characteristics: ① non-repudiation: that is correlated to the individual and the signature, the signature opposition the signer is the landlord or renounce the signed electronic document, the application of electronic signatures over [6]. ② security: the person with the private key to defend the security of keys, to discourage others from using the key. ③ unique: the signature have to be the sole signatory, and others will not have the same signature opener. ④ integrity: that is signed at the integrity of documents and signatures, confirming the native document and signature are not revised [6]. ⑤ authentication and signing the document, contact: the public key to decrypt the signature using the hash, and approximation with the document hash to verify the signature and signed along the relevant content.
3. Application: Currently, numerous hospital information systems are used in electronic signatures, electronic signatures, but only a physician's signature will be scanned as one image saved on your microprocessor, use the This
Fourth, electronic medical records and the
to regulate the behaviour of electronic signatures to establish the legal validity of electronic signatures, the state has amplified The Act expressly provides as electronic medical records, The promulgation and implementation of the Act for the development of electronic medical records and build a rewarding legal context for the construction of hospital information systems to create a wide space for evolution.
1. : ① related to marriage,
Diesel Skinny Jeans, adoption, inheritance and other private relationships. ② involving land, housing and other property rights convey. ③ comprised to stop the water supply, heating, gas, electricity and other utility services. ④ laws and governmental regulations do not apply beneath other circumstances electronic documents [7]. Electronic medical records is not within the coverage of these prohibitions, to obey with the electronic, optical, attractive or similar means, generated, sent, received or stored information defined and That applies to electronic medical records,
2. forms This is to some extent, solve the long-troubled construction and development of electronic medical records system In the hereafter,
Diesel UK, electronic medical records,
3. be rejected as certify The terms of the certificate confirms the worth of electronic medicinal records, electronic medical records as testify in tribunal can be accustom to arrange a imply. To assure the authenticity of evidence, careful in segment 8 of the Bill in the reiterate of electronic therapeutic records several ingredients to be considered: ① generated, stored or communicated file messages namely authentic. ② reliability of the means apt nourish the honesty of the content. ③ reliability of the usage secondhand to identify the sender. ④ other pertinent factors. These factors have not problem in the case of electronic medical records in line with the evidence requirements.
4. electronic signature institution data is controlled merely by; after the signing of anybody alterations to the electronic signature can be base; after the signing of the data message content and fashion of anybody changes to be base, in line with the upon conditions, that is legally regarded as a reliable electronic signature. Article 14 defined the legal status of electronic signatures and reliable, that is
5. and seriousness of [8].