[Direct answer]In the Beijing area, the purpose of sealing medical records is to fix evidence and prevent tampering. The process generally follows the following procedures: 1. Submit an application: The patient or their representative submits a written application to the medical institution requesting the sealing of medical records, specifying the scope of the records to be sealed. 2. Joint presence: Both the patient and the medical institution jointly inventory, copy, and seal the medical records. Typically, the records to be sealed include hospitalization notes, progress notes, surgical and anesthesia records, laboratory reports, nursing records, etc. The specific scope is subject to regulations and actual medical records. 3. Sign and confirm: Both parties sign or stamp on the sealed documents and the sealing list, indicating the sealing time, content, and number of pages. 4. Seal and preserve: The sealed medical records are packaged and stored by the medical institution. If necessary, both parties may sign the seal together. 5. If one party refuses to cooperate or is unable to be present, the sealing can be conducted under the supervision of health administrative departments or notary offices. According to regulations such as the *Regulations on the Prevention and Handling of Medical Disputes* (effective October 1, 2018), both parties may jointly entrust or apply for the sealing of medical records and on-site physical evidence. Timely and standardized sealing procedures are essential to ensuring the evidentiary effectiveness of the records in subsequent appraisals and litigation.

I. Problem Background and Typical Scenarios

The medical record is the core evidence for determining the diagnosis and treatment process and identifying responsibilities, and its sealing is a key measure to prevent it from being modified or destroyed. There are four typical scenarios: First, when patients have objections to the diagnosis and treatment results and plan to apply for appraisal or file a lawsuit before sealing the medical records; Second, when patients die, their families request to seal the medical records and investigate the cause of death; Third, when there is suspicion that the medical records have been modified, it is necessary to fix the original state; Fourth, when hospitals refuse or delay the sealing, resulting in evidence risks. Although the management of medical records in medical institutions in Beijing is relatively standardized, the sealing still requires the cooperation of both the medical staff and patients. Patients should actively apply for the sealing, witness the entire process, and keep records to avoid procedural flaws affecting the effectiveness of the evidence.

II. Key points of contention

First, the scope of medical records that can be sealed, and the distinction between subjective and objective medical records. Second, whether both parties must be present for the sealing process, and how to handle the situation if one party refuses to participate. Third, the entity responsible for storing the sealed documents and the conditions for opening them. Fourth, the relationship between sealing and accessing or copying medical records. Fifth, the legal consequences of modifying or destroying medical records. Sixth, the impact of the sealing record and the witnessing method on the evidentiary effect.

III. Professional analysis by Henglue Law Firm

When handling medical disputes, Henglue Law Firm typically seals the medical records as the first step in preserving evidence. In practice, the following points should be noted: 1. The application for sealing must be in writing and specify the scope. In addition to medical records, if adverse outcomes are suspected from infusions, blood transfusions, injections, or medication administration, the applicant may also request the sealing of on-site physical evidence. 2. The sealing process should be conducted jointly by both parties. The items should be inventoried, numbered, and labeled with page numbers and time stamps. Both parties must sign or stamp the sealed documents and the sealing inventory list. If one party refuses to attend or cooperate, the health administrative department or a notary office can intervene to ensure the objectivity and continuity of the sealing process. 3. After sealing, the medical records are generally kept by the medical institution. The unsealing should be conducted in the presence of both parties, and if necessary, witnessed by the health administrative department or a notary. Any unilateral opening of the sealed documents may undermine their evidentiary value. 4. Sealing does not prevent patients from legally accessing or copying medical records. These are separate rights, and patients may request copies separately beyond the sealing process. 5. If the medical institution conceals, falsifies, alters, or destroys medical records, it may be presumed legally at fault and subject to corresponding adverse consequences. Therefore, procedural standardization and complete record-keeping are fundamental to ensuring subsequent appraisals and litigation.

IV. Practical suggestions and legal basis

Action recommendations: First, submit a written request for sealing as soon as possible, stating the scope and reasons for the proposed sealing; Second, require both the medical and patient parties to jointly inventory and prepare a sealing list, indicating the number of pages and time; Third, both parties should sign and stamp on the sealed items and lists, and take photos or videos of the scene if necessary; Fourth, pay attention to the storage and opening conditions of the sealed items to avoid unilateral opening; Fifth, simultaneously apply for access to and copying of medical records, and obtain copies for backup; Sixth, if the hospital refuses to cooperate, promptly report the matter to the health administrative department or apply for witnessing. For medical disputes and evidence fixation, you can refer to the relevant provisions of the Medical Dispute Mediation and Arbitration Regulations.Personal injury | Medical disputesFor services related to the organization of litigation evidence, you can refer to the following resources for reference.Business and Commerce | Contract DisputesPlate. Legal basis: The "Regulations on the Prevention and Handling of Medical Disputes" (implemented on October 1, 2018) regarding the storage of medical records and on-site physical evidence, as well as Article 122 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) on the management of medical records. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the sealing process should be completed as quickly as possible, as the earlier it is done, the better it can preserve the original state. Secondly, both parties should jointly inventory and sign the inventory list to confirm the process, which cannot be skipped. Thirdly, the inventory list should indicate the number of pages and the time to avoid disputes. Fourthly, the sealed documents cannot be opened unilaterally after sealing. The unsealing process should be witnessed by a third party. Fifthly, after sealing the documents, the parties concerned can still apply for access to and copying of the medical records. In cases involving the sealing of medical records and medical disputes, the parties can resolve the disputes through legal means.Personal injury | Medical disputesThe service obtains a comprehensive solution, which involves the subsequent implementation of compensation measures that can be combined together.Creditor-debtor relations | Enforcement casesFor reference, you can check the sections related to evidence and document reviewBusiness and Commerce | Contract Disputes板块。

VI. Frequently Asked Questions

Q1: Who needs to be present when medical records are sealed?

Generally, both the patient and the doctor need to be present. The sealing process should be carried out by the patient or their representative together with the medical institution, and the inventory, sealing, and signature confirmation should all be completed in the presence of both parties. If one party refuses to attend or is unable to attend, the process can be conducted under the supervision of the health administrative department or a notary office, or relevant departments can be requested to intervene to ensure the objectivity and continuity of the sealing process.

Q2: Are the documents being archived as originals or copies?

It depends on the type of materials and local practices. In practice, for the parts that can be copied, we usually seal up the copies and indicate that they are consistent with the originals. For materials that are not easy to copy, we may seal up the originals. The sealing list should specify the specific contents, number of pages, format, and time of sealing. Whether it is the original or the copy, both should be signed and confirmed by both parties to ensure their authenticity and subsequent usability.

Q3: What should I do if the hospital refuses to cooperate with the storage of medical records?

You can file a complaint and seek witnessing. Patients can submit a written request for sealing and retain the delivery receipt. If the medical institution refuses or delays, they can report the request to the health administrative department for handling, or apply to a notary office to witness the sealing process. If the medical records are lost or modified due to the hospital's reasons, it may be presumed that there is fault and the hospital will bear the adverse consequences.

Q4: Can we still watch it after it's been archived?

Yes. Sealing and accessing or copying medical records are two different rights. Sealing does not affect patients' right to access or copy their medical records according to law. Patients can request to access or copy their medical records at the same time as applying for sealing, and obtain copies for consultation and litigation. The sealed documents themselves generally require both parties to be present and follow the appropriate procedures before they can be unsealed and used.

Q5: Do I need to pay to seal the medical records?

Generally, only the necessary cost of materials is charged. According to relevant regulations, medical institutions shall provide copying or reproduction services, and may charge corresponding fees according to the actual cost of materials, but shall not set obstacles or refuse in disguise. If you have any doubts about the fees, you may request to see the basis for the charges, and if necessary, consult and report to the administrative department of health and wellness.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.