RESUMO
The ethics review for clinical trials pertaining to human body highly emphasizes human subjects protection.This study discussed how to balance the relationship between the rights,safety and health of the subjects and interests of the science and the community,how to review the damage compensation provisions and insurance provisions in the informed consent,how to scientifically define the human subject biomedical trials involving vulnerable groups,and how to conduct trials on vulnerable groups,as well as other sensitive issues in ethics review.
RESUMO
As the core of a digitalized hospital, electronic medical records have drawn considerable public attention. After the implementation of the PRC Electronic Signatures Law, electronic medical records acquired the legal environment for their development. The paper discusses the legal significance of medical records and electronic medical records, the evidential value of medical records in medical disputes, the relationship between the Electronic Signatures Law and electronic medical records, and electronic medical records related issues of social concern. Hence the demonstration of the feasibility of and necessary conditions for the application of electronic medical records.
RESUMO
The author first expounds evidential burden, its relationship with presumption, and the distribution and transformation of the two in medical dispute lawsuits. Then he puts forward nine points for discussion regarding the inverosion of evidential burden in medical dispute lawsuit, including limitation in explaining medical behavior and causality due to limitations in the development of the medical sciences, the unavoidable nature of invasion characteristic of medical behavior, and limitations to evidences that can be provided by medical institutions. Lastly, the author sets forth some strategies that hospitals can adopt in response to the situation: ①standardizing medical behavior and doing a good job of daily work, such as fully and correctly keeping medical records and normalizing the drawing up of diagnosing documents and medical evidences; ②conducting sound theoretical research and protecting their own lawful rights and interests.
RESUMO
The paper first makes it clear that the internal and external legal relations of a hospital are defined by laws and regulations of three levels: laws and regulations which specify directly a hospital's nature, status, rights and duties; health laws and regulations; and other laws and regulations. Then the paper expounds the legitimate rights and interests that a hospital is entitled to in various legal relations. Finally, after discussing ways for a hospital to maintain its legitimate rights and interests, the paper points out that to safeguard their rights and interests, hospitals ought to safeguard their autonomy and rights on their own initiative, the industry ought to make a concerted effort in its right safeguarding activities, and hospitals ought to upkeep their rights and interests as well as the rights and interests of their medical personnel according to law.