Punishment for forging medical records
1, 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:
Signing a certificate of diagnosis, treatment and epidemiology or a certificate of birth or death without personal examination and investigation;
Concealing, forging or destroying medical documents and related materials without authorization;
2. Articles 32 and 49 of the Regulations on the Administration of Medical Institutions.
Article 32 A medical institution shall not issue a disease diagnosis certificate, a health certificate or a death certificate without a doctor personally examining the patient. A medical institution may not issue a medical certificate of birth or a stillbirth report without a doctor or midwife personally delivering the baby.
Forty-ninth in violation of the provisions of article thirty-second, issued false documents, shall be given a warning by the health administrative department of the people's government at or above the county level; Causing harmful consequences, a fine of 1000 yuan may be imposed; The persons who are directly responsible shall be given administrative sanctions by their units or higher authorities.
Article 82 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions.
Issued false documents, if the circumstances are minor, given a warning, and impose a fine of 500 yuan; Under any of the following circumstances, a fine of more than 500 yuan 1000 yuan shall be imposed:
(a) issued false documents, delaying diagnosis and treatment;
(two) issued false documents for the mental damage of patients;
(3) Causing other harmful consequences.
The persons who are directly responsible shall be given administrative sanctions by their units or higher authorities.
4. Article 229 of the Criminal Law of People's Republic of China (PRC): the crime of providing false documents.
Personnel in charge of intermediary agencies such as asset appraisal, capital verification, verification, accounting, auditing and legal services. Whoever intentionally provides false certification documents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
Persons listed in the preceding paragraph who ask for or illegally accept other people's property and commit the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
What if the hospital falsifies medical records?
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 will also play a certain binding role in the standardization of doctors' medical records.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 55 of the Law of People's Republic of China (PRC) on Doctors.
In violation of the provisions of this law, if a doctor commits any of the following acts in his practice, the competent health department of the people's government at or above the county level shall order him to make corrections and give him a warning; If the circumstances are serious, it shall be ordered to suspend the practice activities for more than six months and less than one year until the doctor's practice certificate is revoked:
(a) providing medical and health services or carrying out medical clinical research, failing to fulfill the obligation of informing or obtaining informed consent;
(2) refusing to give first aid to patients who need first aid, or delaying diagnosis and treatment because of irresponsibility.