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전자의무기록에 관한 법적 문제An Analysis of the Major Issues on Electronic Medical Records

Other Titles
An Analysis of the Major Issues on Electronic Medical Records
Authors
이인영
Issue Date
2011
Publisher
한양대학교 법학연구소
Keywords
Electronic Medical Records; Patient Information; Patient Privacy Protection; Medical Records System; 전자의무기록; 의료정보; 의무기록; 전자서명; 전자문서
Citation
법학논총, v.28, no.1, pp.75 - 98
Journal Title
법학논총
Volume
28
Number
1
Start Page
75
End Page
98
URI
https://scholarworks.bwise.kr/hongik/handle/2020.sw.hongik/20385
ISSN
1225-228X
Abstract
Medical records are an integral part of health care, containing information critical for both physician and patient. Traditionally, physicians keep patient information in paper charts and physically transmit patient data between providers. Already several hospitals and clinics have switched to an electronic method of patient information storage. Electronic medical records generally refer to any medical record or part of a medical record that is kept in an electronic format. Electronic medical records system may be beneficial and efficient, but the public has expressed several concerns regarding the storage of private medical information in the electronic realm. Although there is concern for patient confidentiality, proponents of an electronic system say electronic records can make hospitals more efficient. An electronic system will give doctors instant access to potentially life saving information such as patient’s medical histories, lab test results and the list of medications they have been prescribed. Electronic medical record system helps hospitals deliver better medical care at a lower cost. Defensibility of electronic medical record documentation is also tested in the courts. Electronic medical records can be illicitly accessed from anywhere and transmitted across the globe quickly, cheaply, and with little risk of detection. Once data is distributed on the internet, it may become available to anyone who wishes to purchase it, and it cannot be expunge. Patient privacy protection of medical records is controlled mostly by patient consent laws that define how and when a patient must consent before a physician may disclose the patient’s medical records to anyone else. To adequately protect privacy, laws supporting electronic medical record technology need to include regulations covering at least security system factors.
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