How can the parties identify forged medical records?
Medical documents such as medical records must be cross-examined by both parties in court before they can become evidence to determine the facts of the case, and the authenticity of medical records can be determined through cross-examination. The specific requirements for cross-examination are as follows. First of all, the form and format of medical records should be questioned. The writing of medical records should conform to the requirements of the Basic Specification for Medical Records Writing promulgated by the Ministry of Health, including the completeness of medical records, methods of error correction, methods of examination and approval by superior doctors, and doctors' signatures, etc. Article 6 of the Basic Specification for Medical Record Writing (Trial) stipulates that when typos appear in the process of medical record writing, they shall be marked with double lines, and the original handwriting shall not be covered or removed by scraping, gluing or painting. Secondly, the content of medical records should be cross-examined. Pay attention to whether the contents of medical records are consistent and conform to the law of disease occurrence, development and evolution. Finally, confirm medical records and other evidence. Medical records are important key evidence. When it is not the only evidence, there may be other evidence in the lawsuit. Therefore, in court cross-examination and judge cross-examination, we must pay attention to mutual confirmation with other evidence to eliminate contradictions and inconsistencies. In practical work, patients often deny the authenticity of medical records. How should the judge grasp and identify? This involves the burden of proof. If the medical records provided by medical institutions have no formal defects and no factors affecting the authenticity of medical records have been found after cross-examination, patients still deny the authenticity of medical records. At this point, the party who denies the authenticity of the medical record should provide corresponding evidence to prove it, otherwise the court should confirm the authenticity of the medical record. Article 70 of the Supreme People's Court's "Several Provisions on Evidence in Civil Litigation" clearly stipulates that if one party submits the following evidence and the other party raises an objection but there is not enough evidence to refute it, the people's court shall confirm its probative force: (1) the original documentary evidence or the copies, photos, duplicates and excerpts that are verified with the original documentary evidence; (two) the original material evidence or copies, photos and video materials consistent with the original material evidence. ; (3) Audio-visual materials legally obtained as evidenced by other evidence, or copies verified with the audio-visual materials; (4) Material evidence or transcripts of on-site inspection made by a party at the request of the people's court in accordance with legal procedures. The medical record belongs to the documentary evidence mentioned in it. The original medical record can be used in litigation or after the latter is checked with the original. Judicial interpretation of administrative procedure law