病案所体现的医患关系及相关问题探讨

A discussion on the relationship between the patients and medical staff that the medical records present

医患双方的法律地位平等,是民事法律关系。病案是完成医疗保健服务的记录以及实现患者权利的反映,属于档案范畴,是应归档保存的医疗文件。病案归属法规没有规定,必须解决其所有权问题。病案所有权包括物之所有权及其著作权,关键是解决著作权的归属问题。病案的形成有思想创作行为,因此病案归属医院所有。病案有患者的人身记录,反映了医疗服务清单和患者的人身权利,其使用不得损害上述权利,并其保存期应不低于20年。医疗民事纠纷实行“举证责任倒置”原则,医院应当妥善保管病案。使用病案应符合民法原则。

The legal status of the patients and caregivers are equal, and the relationship between them is civil one. Medical records contain the all the services provided by the medical staff and reflect the implementation the patient's right, belonging to the category of archives, are the documents that should be filed. The regulation about the medical records did not prescribe the ownership. Therefore, the ownership of medical records should be made clearly. The ownership of medical records includes that of the materials and the copyright. The copyright is the key. The formation of a medical record is the process of the creation by the mind. Thus the ownership should go to the hospital. The medical records, however, contain the information of the patient, which reflects the list of the health care services and the patients rights. So the use of medical records should not harm the rights mentioned above and the duration of preservation should not less than 20 years. The principle of conversion of responsibility of quote should be used in civil actions. The hospital should keep the medical records properly. The use of medical records should follow the principle of civil law.