Evidence Management Based On Tort Liability Law In Medical Organizations

Recently, the tense relations and the confidence crisis between doctors and patients have become more prominent. It has become a critical issue for the medical institutions to manage medical tort responsibility effectively. The "Tort Liability Law" is the first high-order legal document in which medical malpractice liability is an important part. This law strengthens the responsibility and duty of the medical organization, and will affect the relationship between doctors and patients. Since the possibility is growing that medical organizations have experienced some difficulty with this legal issue, it is necessary to strengthen the medical organization evidence/recorder management. This essay analyzes the conflict which arises from the Law and the actual medical management problems and proposes possible solutions to this conflict.Through the research of the medical organizations' evidence management system, we can find that medical organizations and medical personnel do not understand the medical tort management evidence system and in particular, the new requirements from the Tort Liability Law. To date, medical personnel have not paid enough attention to this system. Even for patients the fundamental records are not properly organized. In addition, there are other problems to solve. For example, a variety of forms, including consent forms must be processed following the correct procedures. Medical organizations' have failed to document evidence according to their obligation under the law. The preservation and collection of this evidence is not standardized. The ability to use evidence in the process of responding to legal demands needs to be strengthened. These are the problems which severely restrict the ability of medical organizations to improve evidence/records management.Throughout all aspects of the management chain of evidence, it is believed that current health care organizations and medical personnel must be made conscious of the seriousness and legal implications of the evidence management system. They should strictly respond to the procedures from the beginning, be serious at every step of the treatment process, and ensure that the medical evidence/recorder management is standardized.As far as the practical work for the medical evidence management, health care organizations and medical personnel should give importance to managing the medical records, forms and other primary evidence and to establishing a scientific and efficient quality control for the medical evidence management. Meanwhile, the health care organizations should ensure that the informed consent notice of all documents is done clearly to meet legal obligations. The medical evidence/recorder management system should be standardized and the necessary training be provided to health care organizations and personnel. Only by constantly improving the management capacity is it possible to prevent mistakes and respond to medical tort obligations. Meanwhile, with a patient-oriented philosophy, the improvement of medical services quality will continue while maintaining the legal interest of health care organizations.This essay discusses the current situation of the medical evidence/recorder management, analyzes the major problems, and proposes solutions to improve the medical evidence/recorder management. It is expected that the health care organizations could improve the risk management and standardize treatments in order to increase the quality of medical service. The scientific risk management system will be much more effective if the health care organization would pay more attention to medical evidence management and in that way prevent the tort cases.