When the patient is unable to sign due to illness, it shall be signed by the person authorized by him; In order to rescue patients, if the legal representative or the authorized person cannot sign in time, the person in charge of the medical institution or the authorized person may sign.
If it is not appropriate to explain the situation to the patient due to the implementation of protective medical measures, it shall inform the patient's close relatives, and the informed consent form shall be signed by the patient's close relatives and recorded in time. If the patient has no close relatives or the patient's close relatives are unable to sign the consent form, the consent form shall be signed by the patient's legal representative or relevant person.
According to the provisions of Article 55 of the Tort Liability Law of People's Republic of China (PRC), medical personnel should explain the illness and medical measures to patients during the diagnosis and treatment activities.
If surgery, special examination and special treatment are needed, the medical staff shall promptly explain the medical risks and alternative medical programs to the patients and obtain their written consent; If it is not appropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their written consent.
Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
Extended data:
Article 56 If the opinions of patients or their close relatives cannot be obtained due to emergency situations such as rescuing dying patients, corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.
Article 57 If medical personnel fail to perform medical obligations corresponding to the medical level at that time in medical activities, thus causing damage to patients, medical institutions shall be liable for compensation.
Article 58 If a patient suffers damage due to one of the following circumstances, it is presumed that the medical institution is at fault:
(a) in violation of laws, administrative regulations, rules and other relevant medical norms.
(two) concealing or refusing to provide medical records related to the dispute.
(3) Forging, tampering with or destroying medical records.