Résumé
Tort Liability Law set tougher requirements on the validity and authenticity of medical records,featuring explicit protection of patient rights of informed consent.Based on the changes in the law since its enforcement,the authors studied existing deficiencies of electronic medical records and came up with the following suggestions.Establish sound legal accreditation system for electronic medical records; perfect related laws and regulations to ensure standard application of the electronic medical records; and work out regulations to make medical staff aware of their legal responsibilities when applying electronic medical records.These recommendations will enable electronic medical records better fit the current legal environment onto the track of healthier development.
Résumé
The authors discussed the retention and revision of the Regulations on the Handling of Medical Malpractice following the enforcement of the Tort Liability Law.These discussions also covered the amendment of the concept of medical malpractice,and the reforms to make on the medical malpractice appraisal system built upon the Regulations following the enforcement.In the meantime of applying the Law to judge cases of medical malpractice,the Regulations as an administrative regulations issued by the State Council,should be revised before playing its role in preventing medical malpractice,medical dispute handling,and penalising medical institutions and medical workers of malpractice.