Can a friend sign on behalf of a family member?

Not necessarily. Legally, the surgical consent form, anesthesia consent form, and power of attorney form are sufficient as long as the patient signs them, but in practice, hospitals often require the patient and his or her close relatives to sign the surgical consent form and the anesthesia consent form. The main reason why hospitals do this is to avoid the risks that surgery may bring.

Legal analysisIf the patient is unable to sign or is not fit to sign, the patient's close relatives are to sign and agree. According to the relevant laws and regulations, medical personnel shall explain the patient's condition and medical measures during diagnosis and treatment activities. Where surgery is necessary or special, the medical staff shall promptly explain to the patient the medical risks, alternative medical treatment options, and other circumstances, and obtain written consent; Where it is not appropriate to explain it to the patient's close relatives, it shall be explained to the patient's close relatives and consent shall be obtained.

In the event of an emergency, where immediate surgery is necessary in case of an emergency, but family members cannot be contacted, surgery may be performed with the consent of the person in charge of the medical institution or an authorized person. 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. In case of emergency, surgery can also be performed without the family member's signature.

In order to save patients, if the legal person or authorized person is unable to sign in time, the person in charge of the medical institution or the authorized person in charge may sign.

Legal basisInterim Measures for Technical Appraisal of Medical Malpractice》 Article 36: The expert appraisal 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, which means that the harmful consequences of medical malpractice are completely caused 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 accidents are caused by other factors, and medical negligence plays a minor role.

This is not allowed, the surgery signature must be signed by an immediate family member, because some unforeseen things may happen during the operation, and friends cannot sign it.

This situation should not be, if there is a real problem, there will inevitably be disputes, and if there is really something, can a friend be fully responsible?

The surgical signature needs to be signed by the family member, and no one else can sign it to avoid disputes.

If this patient has no relatives, you are your best friend, life is the most important, no one can die without help.

Legal analysis: This should be analyzed according to the specific situation, for example, if a friend who needs surgery, and the family cannot rush to the scene, and the emergency surgery is required, in this case, the friend can substitute the name of the operation. However, before signing, you must ask a friend to write a power of attorney and entrust your friend to sign in lieu of you, which can achieve effective legal effect when you are not in charge, and if the patient's family is on the scene, you must not let a friend sign instead of signing in this case.

Legal basis: Article 11 of the Regulations on the Handling of Medical Accidents In medical activities, medical institutions and their medical personnel shall truthfully inform patients of their identified conditions, medical measures, and medical risks, and promptly answer their inquiries; However, adverse consequences for patients should be avoided.

Legal Analysis: Patients can ask a friend to sign a consent form for surgery, but only if both parties agree. Citizen legal persons may carry out civil juristic acts through ** persons.

Legal basis: Article 137 of the Civil Code of the People's Republic of China: Expressions of intent made through dialogue take effect when the counterpart knows the contents. Expressions of intent made in a non-dialogue manner take effect when they reach the counterpart.

Where an expression of intent in the form of a data message is made in a non-dialogue manner, and the counterparty designates a specific system to receive the data message, the data message shall take effect when it enters the specific system; Where a specific system is not specified, the counterparty knows or should know that the data message enters its system. Where the parties have otherwise agreed on the effective time for an expression of intent in the form of a data message, follow that agreement.

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.

Legal analysis: The family members of the surgical friend cannot sign on behalf of the family, and the consent and signature of the family member or related person must be obtained. When it is not possible to obtain the patient's opinion and there is no family member or related person present, or when encountering other special circumstances, the treating physician shall propose a medical treatment plan, and implement it after obtaining the approval of the person in charge of the medical institution or the authorized responsible personnel.

Legal basis: Article 33 of the Regulations on the Administration of Medical Institutions 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 it is not possible to obtain the patient's opinion and no family member or related person is present, or when other special circumstances are encountered, the treating physician shall propose a medical treatment plan and implement it after obtaining the approval of the person in charge of the medical establishment or the person authorized to be responsible.

Legal Analysis: Under normal circumstances, the signature of the family is required for surgery**. Doctors have an obligation to inform.

Patients and their families have the right to know. However, the signature of the person is generally invalid. This proves that the surgery was performed with informed and consent.

You can protect yourself. It can also protect others.

Legal basis: Regulations on the Handling of Medical Accidents

Article 7: Medical establishments shall set up departments for the quality control of medical services or assign full-time (part-time) personnel to be specifically responsible for supervising the medical services of the medical staff's medical personnel, inspecting the practice of medical personnel, accepting patients' complaints about medical services, and providing them with consulting services. Paraphrase.

Article 8 Medical institutions shall, in accordance with the requirements stipulated by the administrative department of health, write and properly keep the medical records.

Where medical records are not written in a timely manner due to the rescue of critically ill patients, the relevant medical personnel shall make up the record within 6 hours of the end of the rescue and make a note of it.