Criminal Liability for Misuse of Electronic Medical Records in Health Services

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 215
Author(s):  
Prilian Cahyani ◽  
Astutik Astutik
Keyword(s):  
Health Services ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Practice ◽  
Medical Records ◽  
Health Workers ◽  
Criminal Liability ◽  
Medical Personnel ◽  
Conceptual Approach

Electronic medical records (RME) have been used in hospitals as a substitute for or complementary to medical records in the form of paper. The obligation to make medical records is the responsibility of every doctor or dentist in carrying out the medical practice. However, the use of electronic-based medical records does not rule out the possibility of raising problems in the field of law, if some abuse it. This will raise the issue of who has the obligation to take responsibility. The problem is the background of the author to write in an article with the title "Accountability for the Misuse of Electronic Medical Record Abuse in Health Services". The formulation of the problem in this article is: 1) Setting an electronic medical record; 2) Criminal liability for the misuse of electronic medical records. The research method used is normative legal research with a statutory approach and a conceptual approach. From the discussion, it can be seen that in Indonesia the obligation to make medical records is specifically regulated in the Medical Practice Law. Furthermore, in the Ministry of Health No. 269 / MENKES / PER / III / 2008 especially Article 2 paragraph 2 states that medical records can be made electronically. However, to date, no specific regulations are governing electronic medical records. The use of electronic systems in medical records makes it necessary to heed the provisions of Law No. 11 of 2008 concerning Electronic Information and Transactions. The party who has the responsibility for the misuse of the Electronic Medical Record covers people who in this case are medical personnel or certain health workers. Hospitals can also be held responsible for the misuse of electronic medical records.

scholarly journals Capturing The Financial Benefits Of Electronic Medical Record Investments In The Small Medical Practice

2010 ◽  
Vol 8 (6) ◽  
Author(s):  
James Spruell ◽  
David Vicknair ◽  
Sylvia Dochterman
Keyword(s):  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Practice ◽  
Medical Records ◽  
Cost Of Capital ◽  
Theoretical Framework ◽  
Font Size ◽  
Financial Benefits

<p class="MsoNormal" style="text-align: justify; line-height: normal; margin: 0in 0.5in 0pt; mso-pagination: none;"><span style="font-family: &quot;Times New Roman&quot;,&quot;serif&quot;; color: black; font-size: 10pt; mso-themecolor: text1;">This study examines the challenges faced by the small medical practice (1-2 providers) in capturing the financial benefits of investing in Electronic Medical Records (EMR). In particular the paper focuses on three key elements of the process: (A) A theoretical framework that explores the underlying principles that drive the variation in benefit capture and ROI associated with EMR investments; (B) The risk to reward levels that set an appropriate cost of capital for investments of this type; and (C) An understanding (and limit) of financial exposure during EMR projects.</span></p>

scholarly journals Aspek Hukum Rekam Medis atau Rekam Medis Elektronik sebagai Alat Bukti Dalam Transaksi Teurapetik

2017 ◽  
Vol 3 (2) ◽  
pp. 359-383 ◽  
Author(s):  
Sudjana Sudjana
Keyword(s):  
Medical Record ◽  
Electronic Medical Record ◽  
Medical Records ◽  
Health Workers ◽  
Legal Aspects ◽  
Literature Study ◽  
Descriptive Research ◽  
Positive Law ◽  
Approach Method ◽  
Administrative Sanctions

This study aims to obtain information on: first, the obligation to create and conceal Electronic Medical Record and its juridical consequences; Secondly, due to the law of absence or error in the manufacture of Electronic Medical Records and the position of Electronic Medical Record as a tool in the theoretical transactions.The research method used is normative juridical approach method, analytical descriptive research specification, research phase is done through literature study to examine primary law material, secondary law material, and tertiary law material. Data collection techniques are conducted through document studies, conducted by reviewing documents on positive law. Furthermore, the method of data analysis is done through normative qualitative.The results of the study indicate: Legal aspects of Medical Record or Electronic Medical Record   in Teurapetik Transactions related to: first, the obligation of health workers in coaching and health services to make Medical Record or Electronic Medical Record correctly and responsible for secrecy because it is the opening of Medical Record or Electronic Medical Record without With the permission of the patient having the consequences of criminal law. The absence or misuse of the Medical Record or Electronic Medical Record means that health workers may be subject to criminal, civil and administrative sanctions. Second, the position of  Medical Record or Electronic Medical Record is evidence in the form of a letter (if given outside the court), and expert information (if delivered in court).

scholarly journals Improvement of patient safety through implementation of electronic medical records

2017 ◽  
Vol 1 (4) ◽  
pp. 111-112
Author(s):  
Elahe Gozali ◽  
Marjan Ghazisaiedi ◽  
Malihe Sadeghi ◽  
Reza Safdari
Keyword(s):  
Patient Safety ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Records ◽  
Access To Health Care ◽  
Clinical Care ◽  
Drug Management ◽  
Bar Code

Introduction: Today, with the complexity of the process of conducting activities, the increase in diversity and the number of hospital services, and the increase in the expectations of clients - consistent with the fast technological advances - most of the hospitals in Iran have turned to mechanized systems to organize their daily activities and to register the patients' information and the care provided. One of these technologies is electronic medical records, which is known as a valuable system to evaluate patients' information in hospitals. The purpose of this paper was to examine the advantages of running electronic medical records in patient safety. Methods: This study is a review paper based on a structured review of papers published in the Google Scholar, SID, Magiran, Pubmed, and Science Direct databases (from 2007 to 2015) and the books on the benefits of implementing electronic medical records in patient safety and the related keywords. Results: Clinical information systems can have a significant effect on the quality of the outputs and patient safety. Various studies have indicated that the physicians with access to clinical guidelines and features such as computer reminders, doctors who did not have these features, presented more appropriate preventive care. Studies show that electronic medical records play a crucial role in improving the quality of patient health and safety services. Moreover, electronic medical record system is usually in connection with other technological tools: electronic drug management records,  electronic record of time and date of drug management are usually associated with bar code technology. Among the benefits of this system is the possibility to record clinical care by the treatment team, which would be especially beneficial for patient's bedside record. If the treatment personnel forgets to ask the patient a particular question, system reminds him/her. Furthermore, electronic medical record is able to remind the nurses of the patient's allergic reactions and medical history without the need for the patient to remind, which improves patient safety. Conclusion: Implementation of electronic medical records boosts up the quality of health services, patient safety, people's access to health care services, and the speed of patients treatment, leading to lower healthcare costs. Thus, considering the benefits mentioned and some other benefits of this kind, one can use this technology in clinical care provided to patients to come up with a safe and effective clinical care.

scholarly journals Tanggung Gugat Resiko Dalam Aspek Hukum Kesehatan

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 149
Author(s):  
Arman Anwar
Keyword(s):  
Health Care ◽  
Health Services ◽  
Medical Practice ◽  
Health Personnel ◽  
Health Workers ◽  
Medical Personnel ◽  
Hospital Staff ◽  
Health Law ◽  
The Republic

Health is a fundamental need for every human being in his life and to meet these needs the role of doctors and health workers is very important. Doctors and Health care in providing health services to the community is always required in order to provide the best service. So with the Hospital. However, the health services provided may result in two different possibilities of the patient being cured or even worsening the disease until death. If the patient recovers it will flow millions of praise and abundant various forms of appreciation that he receives but if that happens is the opposite then in certain conditions where the patient feels aggrieved can culminate until the lawsuit to court. In medical practice, doctors do not work alone but are also often assisted by other health workers. Likewise Hospital as a corporation employs doctors and health workers to provide health services to the community. If in the event of any medical treatment from medical personnel to medical personnel and/or Hospital to the physician and at risk of mistake or negligence in the health service, then the loss suffered by the patient may result in risks (risico aanspraklijkheid) based on Article 1367 paragraph (3) BW. In the context of health law regulated in Article 65 of Law Number 36 Year 2014 on Health Personnel, and Article 35 Paragraph 6 of Law Number 38 Year 2014 on Nursing and Article 23 Paragraph (3) point c Regulation of the Minister of Health of the Republic of Indonesia No. 2052 / Menkes / Per / X / 2011 About Practice License and Implementation of Medical Practice as well as Article 46 Act Number 44 of 2009 About Hospital that is Hospital is legally responsible for all the losses caused by negligence made by health personnel in the Hospital. Efforts to prevent it internally need to agree on the rights and obligations of each party in a specified standard of conduct that is proportionally regulated and based on equitability values, either in the form of Hospital by Law as well as the prevailing rules binding on all staff within a hospital staff (Medical staff by law).

scholarly journals Diabetes Risk Data Mining Method Based on Electronic Medical Record Analysis

2021 ◽  
Vol 2021 ◽  
pp. 1-11
Author(s):  
Yang Liu ◽  
Zhaoxiang Yu ◽  
Yunlong Yang
Keyword(s):  
Data Mining ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Records ◽  
Diabetes Risk ◽  
Mining Method ◽  
Training Set ◽  
Medical Field ◽  
Data Mining Method

In today’s society, the development of information technology is very rapid, and the transmission and sharing of information has become a development trend. The results of data analysis and research are gradually applied to various fields of social development, structured analysis, and research. Data mining of electronic medical records in the medical field is gradually valued by researchers and has become a major work in the medical field. In the course of clinical treatment, electronic medical records are edited, including all personal health and treatment information. This paper mainly introduces the research of diabetes risk data mining method based on electronic medical record analysis and intends to provide some ideas and directions for the research of diabetes risk data mining method. This paper proposes a research strategy of diabetes risk data mining method based on electronic medical record analysis, including data mining and classification rule mining based on electronic medical record analysis, which are used in the research experiment of diabetes risk data mining method based on electronic medical record analysis. The experimental results in this paper show that the average prediction accuracy of the decision tree is 91.21%, and the results of the training set and the test set are similar, indicating that there is no overfitting of the training set.

scholarly journals ELECTRONIC MEDICAL RECORD AT RSIGM SULTAN AGUNG SEMARANG REVIEWED FROM THE COMPLETENESS AND THE SAFETY FORMAT SYSTEM

Jurnal Medali ◽  
2021 ◽  
Vol 3 (1) ◽  
pp. 20
Author(s):  
Adam Reza Pahlevi ◽  
Erdianto Setya Wardhana ◽  
Erna Dwi Agustin
Keyword(s):  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Records ◽  
Inclusion Criteria ◽  
Health Ministry ◽  
Cross Sectional ◽  
Electronic Signature ◽  
Informed Consent Form ◽  
The Subject

Background: An electronic medical record is a medical system that can be used to store information about the track of a patient`s health. The completeness format of Electronic Medical Record used the format of Electronic Medical Record Guidance from Health Ministry Year 2015. The safety of electronic medical records has 6 aspects as follows privacy, integrity, authenticity, availability, access, control, non-rapadiatum.Method: This research aimed to know the description of the completeness format and the safety of The Electronic Medical Record at RSIGM Sultan Agung Semarang. This research used descriptive observational using a cross-sectional method. The subject of this study was Electronic Medical Records in March 2020. The samples were selected according to the inclusion criteria obtained from RSIGM Sultan Agung SemarangResult: The result of this research was used to know the description of the completeness of Electronic Medical Record Format and the safety of Electronic Medical Record at RSIGM Sultan Agung Semarang.Conclusion: The conclusion of this research showed Electronic Medical Record had been applied at RSIGM Sultan Agung Semarang but there are still lack in the informed consent form and the informed refusal, the safety of the electronic medical record was still lack in the electronic signature format.

scholarly journals Authorized Shared Electronic Medical Record System with Proxy Re-Encryption and Blockchain Technology

Sensors ◽  
2021 ◽  
Vol 21 (22) ◽  
pp. 7765
Author(s):  
Weizhe Chen ◽  
Shunzhi Zhu ◽  
Jianmin Li ◽  
Jiaxin Wu ◽  
Chin-Ling Chen ◽  
...  
Keyword(s):  
Access Control ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Records ◽  
Data Privacy ◽  
Data Access ◽  
Electronic Medical Record System ◽  
Record System ◽  
Medical Record System

With the popularity of the internet 5G network, the network constructions of hospitals have also rapidly developed. Operations management in the healthcare system is becoming paperless, for example, via a shared electronic medical record (EMR) system. A shared electronic medical record system plays an important role in reducing diagnosis costs and improving diagnostic accuracy. In the traditional electronic medical record system, centralized database storage is typically used. Once there is a problem with the data storage, it could cause data privacy disclosure and security risks. Blockchain is tamper-proof and data traceable. It can ensure the security and correctness of data. Proxy re-encryption technology can ensure the safe sharing and transmission of relatively sensitive data. Based on the above situation, we propose an electronic medical record system based on consortium blockchain and proxy re-encryption to solve the problem of EMR security sharing. Electronic equipment in this process is connected to the blockchain network, and the security of data access is ensured through the automatic execution of blockchain chaincodes; the attribute-based access control method ensures fine-grained access to the data and improves the system security. Compared with the existing electronic medical records based on cloud storage, the system not only realizes the sharing of electronic medical records, but it also has advantages in privacy protection, access control, data security, etc.

scholarly journals Design and implementation of an affordable, public sector electronic medical record in rural Nepal

2017 ◽  
Vol 24 (2) ◽  
pp. 186 ◽  
Author(s):  
Anant Raut ◽  
Chase Yarbrough ◽  
Vivek Singh ◽  
Bikash Gauchan ◽  
David Citrin ◽  
...  
Keyword(s):  
Public Sector ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Financial Management ◽  
Medical Records ◽  
Healthcare Delivery ◽  
Patient Tracking ◽  
Design And Implementation ◽  
Rural Nepal

IntroductionGlobally, electronic medical records are central to the infrastructure of modern healthcare systems. Yet the vast majority of electronic medical records have been designed for resource-rich environments and are not feasible in settings of poverty. Here we describe the design and implementation of an electronic medical record at a public sector district hospital in rural Nepal, and its subsequent expansion to an additional public sector facility.DevelopmentThe electronic medical record was designed to solve for the following elements of public sector healthcare delivery: 1) integration of the systems across inpatient, surgical, outpatient, emergency, laboratory, radiology, and pharmacy sites of care; 2) effective data extraction for impact evaluation and government regulation; 3) optimization for longitudinal care provision and patient tracking; and 4) effectiveness for quality improvement initiatives.ApplicationFor these purposes, we adapted Bahmni, a product built with open-source components for patient tracking, clinical protocols, pharmacy, laboratory, imaging, financial management, and supply logistics. In close partnership with government officials, we deployed the system in February of 2015, added on additional functionality, and iteratively improved the system over the following year. This experience enabled us then to deploy the system at an additional district-level hospital in a different part of the country in under four weeks. We discuss the implementation challenges and the strategies we pursued to build an electronic medical record for the public sector in rural Nepal.DiscussionOver the course of 18 months, we were able to develop, deploy and iterate upon the electronic medical record, and then deploy the refined product at an additional facility within only four weeks. Our experience suggests the feasibility of an integrated electronic medical record for public sector care delivery even in settings of rural poverty.

scholarly journals A BERT-BiGRU-CRF Model for Entity Recognition of Chinese Electronic Medical Records

Complexity ◽  
2021 ◽  
Vol 2021 ◽  
pp. 1-11
Author(s):  
Qiuli Qin ◽  
Shuang Zhao ◽  
Chunmei Liu
Keyword(s):  
Cerebrovascular Disease ◽  
Medical Record ◽  
Electronic Medical Record ◽  
Electronic Medical Records ◽  
Medical Records ◽  
Named Entity Recognition ◽  
Entity Recognition ◽  
Body Parts ◽  
Named Entity ◽  
Excellent Research

Because of difficulty processing the electronic medical record data of patients with cerebrovascular disease, there is little mature recognition technology capable of identifying the named entity of cerebrovascular disease. Excellent research results have been achieved in the field of named entity recognition (NER), but there are several problems in the pre processing of Chinese named entities that have multiple meanings, of which neglecting the combination of contextual information is one. Therefore, to extract five categories of key entity information for diseases, symptoms, body parts, medical examinations, and treatment in electronic medical records, this paper proposes the use of a BERT-BiGRU-CRF named entity recognition method, which is applied to the field of cerebrovascular diseases. The BERT layer first converts the electronic medical record text into a low-dimensional vector, then uses this vector as the input to the BiGRU layer to capture contextual features, and finally uses conditional random fields (CRFs) to capture the dependency between adjacent tags. The experimental results show that the F1 score of the model reaches 90.38%.

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