[Direct answer]Yes. According to Article 16 of the "Regulations on the Prevention and Handling of Medical Disputes" (State Council Decree No. 701, implemented on October 1, 2018), if a patient requests a copy of the medical records, the medical institution shall provide copying services and affix a certification stamp on the copied medical records. The patient or his/her near relatives shall be present during the copying process. Article 22 of the "Regulations on the Management of Medical Records in Medical Institutions (2013 Edition)" (State Health and Family Planning Commission Decree No. 31, 2014) requires that the copied records shall be affixed with a certification stamp after being confirmed to be correct by both parties, which is used to confirm that the copied records are consistent with the original. If the patient dies, his/her near relatives also have the right to review and copy the medical records. If the medical institution refuses to affix the stamp without a valid reason, the patient can file a complaint with the competent health department and apply to the court to obtain the relevant records in litigation. For more details, please refer to the relevant provisions.Legal services for personal injury and medical disputes.

I. Problem background and typical scenarios

When family members have questions about the diagnosis and treatment, or are preparing to negotiate compensation or sue for appraisal, the first step is almost always to copy the medical records. Common situations include: the patient applying to copy outpatient or inpatient medical records after discharge; after the patient's death, the legal heirs applying to the medical records room to copy the records with materials such as the death certificate; and retrieving past medical records for treatment in other hospitals or insurance claims. Many people encounter the following situations: the hospital agrees to copy the records, but the copies handed over are not stamped, or the hospital is only willing to stamp the first page; some hospitals delay the process on the grounds that the procedures are incomplete. Without the confirmation of the medical institution, the other party may raise objections to the authenticity of the copies after the litigation, making it difficult to base the case solely on the copies. The overall approach to copying and collecting evidence can be referred to here.Legal services for personal injury and medical disputes.

II. Key points of contention

The controversy focuses on four points. Firstly, the form of the stamp: the regulations require the affixation of a certification stamp, and in practice, it is common to use case stamps, medical record management stamps, or stamps from medical departments; for copies with many pages, patients can request that they be stamped page by page or with a saddle stitch to prevent tampering. Secondly, the differences in the legal effect of copies and electronic versions: electronic medical records have the same legal effect as paper-based medical records (Article 4 of the "Regulations on the Management of Medical Records in Medical Institutions (2013 Edition)"), and electronic copies should be able to be independently read, while printed copies should be stamped with a medical record management stamp (Article 21 of the "Regulations on the Application and Management of Electronic Medical Records (Trial)"). Copies are not originals, and their evidentiary value is conditional on being consistent with the originals and being confirmed by the medical institution. Thirdly, the handling of refusals to stamp: if a medical institution refuses to provide copying services or stamping without a valid reason, patients can file a complaint; if it still refuses to provide them in litigation, it may trigger the presumption of fault under Article 1222 of the Civil Code of the People's Republic of China (effective January 1, 2021). In the judicial practice of Beijing, the courts are stricter in reviewing the form of medical record sources, and confirming the source of the copies as early as possible is the basis for subsequent appraisal.

III. Professional analysis by Henglue Lawyers

The probative force of evidence largely depends on whether the carrier is standardized and fixed, and whether the content can be confirmed to have not been tampered with. The online infringement dispute handled by Attorney Yuan Hang illustrates this point from another perspective: On December 8, 2022, Zhao Qingqing, aged 14, joined a WeChat group for depressed teenagers due to long-term depression. Group members Zhao *xin, Wu * and Liu *xing often discussed suicide methods and shared guide documents. On the evening of December 7, group members guided her step by step in preparing the solution. After vomiting after her first attempt, they still encouraged her to drink more. Zhao Qingqing died of nitrite poisoning the next day. Her parents, Liu Shu and Zhao Gang, found chat records in her belongings. Since all three group members were minors and had depression symptoms, the public security organ refused to initiate criminal proceedings, so they entrusted Attorney Yuan Hang to pursue civil remedies. One of the key issues in the case was the authenticity of online behavior and the identification of the parties involved—it was necessary to confirm the identity of the WeChat account users and the authenticity of the chat records. When the original carriers could not be opened, indirect evidence such as witness testimonies was used to support the case. The defendants denied or defended themselves, and the platform and seller claimed that they had fulfilled their review and warning obligations. Attorney Yuan Hang sorted through massive chat records to confirm the specific roles of each defendant in the instigation and put forward the following arguments: The death resulted from the defendants' malicious instigation and guidance, and there was a direct causal relationship between the instigation and the death. According to Article 1169 of the Civil Code of the People's Republic of China (effective January 1, 2021), this constituted joint infringement, and the guardians should bear joint and several liability. The seller and platform should also bear corresponding responsibilities. The court found that the defendants maliciously instigated, guided the preparation of poison and drafted a will, and there was a direct causal relationship between this and the death, constituting joint infringement. It ordered their guardians to bear joint and several compensation responsibilities, and the platform and seller to bear corresponding responsibilities. The same applies to chat records and copy of medical records: Evidence that has not been standardized and fixed, and whose authenticity cannot be confirmed, may be refuted; only evidence that has been confirmed and stamped can stand firm. This case was handled by Beijing Henglu Law Firm. 证据的证明力，在很大程度上取决于载体是否规范固定、内容能否确认未被篡改。员律师代理的一起网络侵权纠纷，从另一个侧面说明了这一点：2022年12月8日，14岁的赵晴晴因长期抑郁加入一个聚集抑郁青少年的微信群，群成员赵某辛、吴某、刘某星经常讨论自杀方法、分享攻略文件；12月7日晚，群友一步步指导她调配溶液，首次服用后呕吐仍被怂恿继续喝下，次日赵晴晴因亚硝酸盐中毒死亡。其父母刘淑、赵刚整理遗物时发现聊天记录，因三名群友均为未成年人且有抑郁症状，公安机关不予刑事立案，遂委托员律师转向民事维权。案件焦点之一，是网络行为的真实性与主体确认——需确认微信账号使用人身份、聊天记录未被篡改，原始载体无法打开时以证人证言等间接证据佐证。被告方否认或抗辩，平台与销售商主张已尽审核、警示义务。员律师梳理海量聊天记录，确认各被告在教唆中的具体作用，提出代理意见：死亡源于被告恶意教唆引导，教唆行为与死亡存在直接因果关系，依《中华人民共和国民法典》（2021年1月1日施行）第一千一百六十九条构成共同侵权，监护人应承担连带责任；销售商与平台未尽审核、警示义务，亦应承担相应责任。法院认定被告恶意教唆、指导调配毒药并起草遗书，与死亡存在直接因果关系，构成共同侵权，判令其监护人承担连带赔偿责任，平台与销售商承担相应责任。本案由北京恒略律师事务所代理Yuan HangAttorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 15 and Article 16 (filling in and keeping of medical records, access to and copying of medical records, and certification stamps) of the "Regulations on the Prevention and Handling of Medical Disputes" (Decree No. 701 of the State Council, implemented on October 1, 2018); Article 23 (duty of disclosure) of the "Regulations on the Management of Medical Records in Medical Institutions (2013 Edition)" (issued by the National Health Commission on January 1, 2014), including Article 4 (equal legal effect of electronic and paper medical records) and Articles 17 to 23 (application for copying, on-site copying, certification stamps, and copying fees); Article 1222 (presumption of fault for concealing, refusing to provide, losing, forging, or illegally destroying medical records) and Article 1225 (filling in and keeping of medical records and timely provision of copies) of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021); and the provisions on the review of documentary evidence copies in the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended on December 25, 2019 and implemented on May 1, 2020). Action list: 1. Bring all necessary identification documents before copying, and for patients who have died, prepare the death certificate, proof of kinship, and power of attorney; 2. Ensure that the patient or a close relative is present to verify the number of pages and content page by page; 3. Require the medical institution to affix certification stamps, and for documents with many pages, request stapling or stamping on each page; 4. Obtain and keep the copying list and payment receipts, and record the receiving department and time; 5. If the hospital refuses to provide the documents, file a complaint with the health authority or apply to the court for evidence collection, as detailed in the relevant provisions.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

Copying medical records is the least costly and most beneficial step in medical disputes, but it is also the most likely to be delayed: if the medical records are not fixed, the hospital may make additions or modifications; if the request is made during litigation, the time cost will increase sharply. Stamping is not a formality, but a confirmation by the medical institution that the copies are consistent with the originals, and it is also a basis for the patient to refute objections to the authenticity. When handling similar cases in the Beijing area, it is recommended that patients immediately check the content after copying, raise and record any issues found on the spot; if they need guidance, they can consult relevant authorities.Beijing Henglue Law FirmProfessional lawyers should standardize the process of collecting evidence.

VI. Frequently Asked Questions

Q1: If the hospital copies the medical records without stamping them, will it affect the outcome of seeking justice?

It may have a substantial impact. If the copies of medical records are not stamped and verified, the other party is likely to challenge their authenticity in litigation, and the copies are difficult to independently prove the recorded content. The patient also needs to check the original or apply to the court for retrieval, which increases the burden of proof. If the medical institution refuses to provide copying services without a valid reason and still refuses to provide them in litigation, it may be presumed to be at fault according to Article 1222 of the Civil Code of the People's Republic of China. The outcome of the case depends on the overall proof of fault and causality. No lawyer can guarantee victory or defeat unilaterally, but if the copies are standardly verified, the evidence base is usually more solid.

Q2: To copy and stamp the medical records, what materials do I need to prepare?

The application materials are divided into three categories: 1. For applications submitted by the patient themselves, they must provide valid identity proof. 2. For applications submitted by authorized representatives, they must provide the patient's and representative's identity proof, proof of the representative's authority, and a power of attorney. 3. For applications submitted by the patient's legal heirs after their death, they must provide a death certificate, the heirs' identity proof, and proof of their kinship. There are three additional requirements on-site: 1. Jointly inventory and copy all relevant materials, including outpatient medical records, hospitalization notes, medical orders, laboratory reports, imaging data, surgical anesthesia records, pathology reports, nursing records, and medical expense receipts. 2. The applicant must be present during the copying process and verify each page individually. 3. Obtain copies stamped with official certification and keep a copy of the inventory list. The more complete the materials are, the smoother the subsequent appraisal process will be.

Q3: How much does it cost to copy medical records and to litigate in court, respectively?

The copying of medical records only charges a processing fee, which is calculated by the number of pages and subject to the standards announced by the medical institution. After entering litigation, there are three main costs: litigation fees are charged in accordance with the "Method for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), which are cumulatively paid according to the amount of the claim and are borne by the losing party. In cases of partial victory, the fees are shared proportionally, and the fees for summary procedures are halved. Appraisal fees are charged by appraisal institutions according to the complexity of the matter, usually ranging from a few thousand yuan to tens of thousands of yuan. There is no unified government pricing for these fees, and they are prepaid by the applicant and shared according to the proportion of liability. Attorney fees are determined through negotiation between the client and the law firm. The cost of protecting rights should be calculated based on the overall expected compensation. There are no fees charged during the complaint stage.

Q4: How long does it usually take from copying the medical records to initiating legal action to protect one's rights?

Copying medical records itself is relatively quick: if all materials are available, medical institutions usually complete the copying within a few working days. However, for hospitalization records with a large number of pages or a long history, it may take one to two weeks. The subsequent time depends on the path of rights protection: if both parties can reach an agreement quickly, it may take a few weeks; if applying for people's mediation for medical disputes, the mediation committee will complete it within 30 working days from the date of acceptance, and the time required for appraisal will not be included; for litigation, the first-instance ordinary procedure will be concluded within six months, and the simplified procedure within three months. For cases involving medical damage appraisal, it will take one to three months, and the appraisal period will not be included in the trial time limit. Overall, most cases take between half a year and one and a half years from initiation to first-instance judgment. Fixing the medical records as soon as possible is conducive to shortening the cycle.

Q5: When copying medical records, how should I specifically request for stamping and verification?

Four steps of operation: 1. Submit a written application to the medical records department or designated acceptance department, stating the scope and purpose of the copying, and retain the acceptance receipt. 2. Be present throughout the copying process, checking the number of pages, dates, and recorded content page by page, and verifying the number of images and examination dates for imaging materials. 3. Require the medical institution to affix a certification stamp. For large-scale copying, apply a stitching stamp or stamp each page individually. For printed electronic medical records, require the affixation of a special medical records management stamp. 4. Count and package the copies in person, record the copying list, the receiving person, and the time, and take photos or videos as evidence. If any missing pages or omitted records are found, raise them immediately and request a written explanation. For matters regarding stamping, seek professional legal advice as soon as possible to ensure compliance.

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, so as to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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. If you encounter disputes, please consult a practicing lawyer in time.