When a medical dispute occurs, once the doctor is found to have tampered with the medical record, it will be directly characterized as a medical accident. Patients can save a copy of the original medical record as proof or apply for trace inspection and identification by the public security department. It is understood that the current medical malpractice identification rule for doctors to tamper with medical records is that if the doctor's behavior or consequences of tampering with medical records directly lead to the deterioration of the patient's condition, or even more serious, it is considered as a medical accident.
In the event of medical disputes, experts suggest that patients have the right to obtain copies of medical records, which can be kept as original proof materials, or apply to independent appraisal institutions of public security and judicial departments for trace inspection and appraisal. According to the notice jointly issued by the Department of Medical Administration and the Department of Political Science and Law of the Ministry of Health, anyone who proves that the medical record is forged will be directly classified as a medical accident, and its level and responsibility will be discussed separately. This document is confirmed and issued by the Ministry of Health, which also has a certain binding effect on the standardization of doctors' medical records.
No matter whether the hospital falsifies or forges medical records, this behavior is not desirable. Once found, they will bear heavier legal responsibilities, even directly revoke the business license of the hospital, and at the same time give administrative sanctions to the directly responsible person in charge.
Legal basis: Article 37 of the Law of People's Republic of China (PRC) on Medical Practitioners, if a doctor violates the provisions of this law and commits any of the following acts in his practice, the health administrative department of the people's government at or above the county level shall give him a warning or order him to suspend his practice for more than six months and less than one year; If the circumstances are serious, his practice certificate shall be revoked; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) violation of health administrative rules and regulations or technical operation norms, resulting in serious consequences;
(two) due to irresponsible delay in the rescue and diagnosis and treatment of critically ill patients, resulting in serious consequences;
(3) Causing a medical accident;
(4) signing documents on diagnosis, treatment, epidemiology or birth and death without personal examination and investigation.
Death and other supporting documents;
(5) Concealing, forging or destroying medical documents and related materials without authorization;
(six) the use of unapproved drugs, disinfectants and medical devices;
(seven) do not use narcotic drugs, toxic drugs for medical use, psychotropic drugs and radioactive drugs in accordance with the provisions;
(eight) experimental clinical treatment of patients without the consent of patients or their families;
(nine) the disclosure of patient privacy, causing serious consequences;
(10) taking advantage of his position to ask for or illegally accept patients' property or seek other illegitimate interests;