Is it valid for a patient to sign for surgery?

Enthusiastic netizens answered: Condition analysis: Hello, according to the situation you said, it is effective.

Guiding opinions: Generally, it is of course valid to sign by yourself, and it is also valid if you are not able to sign by yourself, and you can find a client to sign. Enthusiastic netizens answered:

Analysis: Hello, if you are conscious and have the ability to think, it is okay to sign the informed consent form for surgery by yourself. Guidance:

But finally, inform your family members so that they can also understand the specific situation and learn more about the adverse effects of the surgery and postoperative ***. Enthusiastic netizens answered: Condition analysis:

Article 33 of the Regulations on the Administration of Medical Institutions stipulates that "when medical institutions perform surgeries, special examinations or special examinations, they must obtain the consent of the patient, and shall obtain the consent and signature of their family members or related persons; If the patient's opinion cannot be obtained, the consent of the family member or related person shall be obtained and signed; When the patient's opinion cannot be obtained and no family member or related person is present, or other special circumstances are encountered, the treating physician shall propose a medical treatment plan. Guidance: Patients only have the right to agree to surgery, not the right to decide to have surgery, I hope it can help you if the above is about.

In 2010, Article 10 of the "Basic Standards for Medical Record Writing" of the former Ministry of Health stipulated:

For medical activities that require the patient's written consent to be carried out, the patient shall sign an informed consent form. When the patient does not have full capacity for civil conduct, it shall be signed by his or her legal person; If the patient is unable to sign due to illness, it shall be signed by a person authorized by him/her."

According to the Basic Standards for Writing Medical Records, the medical plan should first obtain the written consent of the patient, that is, the patient's signature. Only when it is not appropriate to explain to the patient (such as terminal illness, etc.), the patient is incapacitated, etc., the patient's family should sign it.

Legal analysis: If the major surgery is not allowed to be signed by the patient, if it is a minor operation, the patient can sign by himself.

According to the law: "Civil Code of the People's Republic of China" Article 1221 If medical personnel fail to fulfill their diagnosis and treatment obligations corresponding to the medical level at that time in the course of diagnosis and treatment activities, causing damage to the patient who accompanies the patient, the medical institution shall bear the liability for compensation.

Before the surgery is performed, it can be signed by the patient himself. When medical institutions perform surgeries, special examinations or special examinations, they must obtain the consent of the patient, and shall obtain the consent and signature of the patient's family or related persons; If the patient's opinion cannot be obtained, the consent of the family member or related person shall be obtained and signed;

[Legal basis].

Article 1219 of the Civil Code.

Medical personnel shall explain the patient's condition and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special medical procedures, medical personnel shall promptly explain to patients specific medical risks, alternative medical treatment options, and other circumstances, and obtain their explicit consent; If it is not possible or appropriate for the patient to explain to the patient, it shall be explained to the patient's close relatives and their explicit consent shall be obtained.

Where medical personnel fail to fulfill the obligations in the preceding paragraph, causing harm to patients, the medical establishment shall bear liability for compensation.

Article 1220.

If the opinions of the patient or his close relatives cannot be obtained due to an emergency such as rescuing a patient who is dying, with the approval of the person in charge of the medical establishment or the person in charge of the authorization, the corresponding medical measures may be implemented immediately.

Article 1221.

Where medical personnel fail to perform their diagnosis and treatment obligations corresponding to the level of medical care at the time, causing harm to patients, the medical establishment shall bear the liability for compensation.

It should be analyzed on a case-by-case basis. For adults, it is necessary to sign on their own, and if the patient does not have the ability to sign, they can also have an immediate family member sign it. If a friend who needs surgery cannot be rushed to the scene, and the emergency surgery is required, in this case, the name of the surgery can be signed between friends.

Patients must sign the operation in person" will be implemented from September 1.

According to Xinhua news agency, the practice of having family members sign for surgery will change. From September 1, whether or not to undergo surgery** must be signed by the patient himself before it is "counted". This is a new regulation made in the "Basic Standards for Medical Record Writing (Trial)" recently issued by the Ministry of Health.

Recently, there have been many cases of medical disputes arising from the signing of the patient's relatives to consent to medical activities. Some patients said that they did not know in advance that they were going to remove vital organs and that surgery could lead to serious complications; or the patient's spouse does not agree with the child's signature, resulting in a delay in the operation, and the person concerned has repeatedly called for the family member's signature to be changed to the patient's signature in accordance with international practice.

The new regulations make uniform provisions for the writing of medical records. Among them, in the writing of "surgical consent", "special examination, special ** consent" and other clauses, the "patient's signature" is clarified. When the patient does not have full capacity for civil conduct, it should be signed by his legal person; If the patient is unable to sign due to illness, it should be signed by his close relatives, and if there are no close relatives, his or her related person should sign; In order to save the patient, if the legal person or a close relative or related person cannot sign in time, the person in charge of the medical institution or the person in charge who is authorized to sign may sign.

In addition, where it is not appropriate to explain the situation to the patient due to the implementation of protective medical measures, the medical personnel shall notify the patient's close relatives of the relevant circumstances, and the patient's close relatives are to sign a consent form and promptly record it.

It will be implemented from September 1.

According to Xinhua news agency, the practice of having family members sign for surgery will change. From September 1, whether or not to undergo surgery** must be signed by the patient himself before it is "counted". This is a new regulation made in the "Basic Standards for Medical Record Writing (Trial)" recently issued by the Ministry of Health.

Recently, there have been many cases of medical disputes arising from the signing of the patient's relatives to consent to medical activities. Some patients said that they did not know in advance that they were going to remove vital organs and that surgery could lead to serious complications; or the patient's spouse does not agree with the child's signature, resulting in a delay in the operation, and the person concerned has repeatedly called for the family member's signature to be changed to the patient's signature in accordance with international practice.

The new regulations make uniform provisions for the writing of medical records. Among them, in the writing of "surgical consent", "special examination, special ** consent" and other clauses, the "patient's signature" is clarified. When the patient does not have full capacity for civil conduct, it should be signed by his legal person; If the patient is unable to sign due to illness, it should be signed by his close relatives, and if there are no close relatives, his or her related person should sign; In order to save the patient, if the legal person or a close relative or related person cannot sign in time, the person in charge of the medical institution or the person in charge who is authorized to sign may sign.

In addition, where it is not appropriate to explain the situation to the patient due to the implementation of protective medical measures, the medical personnel shall notify the patient's close relatives of the relevant circumstances, and the patient's close relatives are to sign a consent form and promptly record it.

1. The surgical consent form shall be signed by the patient himself. If the patient is unable to sign or is not fit to sign, the patient's close relatives (such as spouse, parents, children, etc.) shall sign and agree.

2. If the patient or his close relatives are not informed of the consequences of the operation and related measures through the above channels, the hospital shall be liable for compensation for the damage caused by the operation that is not medically necessary.

3. Strictly speaking, there is no direct relationship between whether the surgical consent form is signed and whether the hospital is liable. That is, if the hospital's medical behavior is not at fault and does not cause non-medically necessary damage to the patient, it does not need to bear the liability for compensation even if it does not have the patient's signature; If the hospital is at fault for its medical acts, it should be liable for compensation even if it has the patient's signature.

Legal analysis: As long as the party is a person with full capacity for civil conduct and his intention is true, then his signature is completely valid.

Legal basis: Article 143 of the Civil Code of the People's Republic of China The following provisions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

According to China's existing laws and regulations, if you perform surgery on natural persons and persons with civil capacity, you can sign for yourself, but if you cannot fully understand the risks of the operation, or if the operation may damage the interests of a third party, then your family members need to sign at the same time.

Legal basis: Interim Measures for Technical Appraisal of Medical Malpractice

Article 36.

The expert evaluation team shall comprehensively analyze factors such as the role of medical negligence in causing the harmful consequences of medical malpractice, the patient's pre-existing medical condition, and determine the degree of responsibility for medical negligence. The degree of liability for medical negligence in medical malpractice is divided into:

1) Full liability refers to the fact that the harmful consequences of medical malpractice are caused entirely by medical negligence. (2) Primary liability refers to the fact that the harmful consequences of medical malpractice are mainly caused by medical negligence, and other factors play a secondary role.

3) Secondary liability refers to the fact that the harmful consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role.

4) Slight liability refers to the fact that the vast majority of the harmful consequences of medical malpractice are caused by other factors, and medical negligence plays a minor role.

Can a non-immediate family member sign for surgery.

Hospital surgery can be signed by non-immediate family members, but in general situation, the presence of immediate family members generally requires the signature of immediate family members, legally speaking, the surgical consent form, anesthesia consent form and power of attorney as long as the patient himself signs it. However, in practice, hospitals often require both the patient and his or her close relatives to sign the consent form for surgery and anesthesia. The main reason for hospitals to do this is to avoid the risks that may be brought by the operation, and to prevent the trouble and disputes that unpredictable risks during surgery may bring to the hospital and medical staff.

Is the operative signatory responsible.

has the responsibility to bear the risk caused by the failure of the operation, and the hospital will generally require the immediate family to sign, and outsiders will not allow the signature to imitate.

Article 33 of the Regulations on the Administration of Medical Institutions stipulates that "when medical institutions perform surgeries, special examinations or special examinations, they must obtain the consent of the patient, and shall obtain the consent and signature of their family members or related persons;

[Legal basis].