Not necessarily. Legally speaking, the consent form of operation, anesthesia and power of attorney can only be signed by the patient himself, but in practice, the hospital often requires the patient himself and his close relatives to sign the consent form of operation and anesthesia. The main reason for the hospital to do this is to avoid the risks that may be brought by surgery.

Legal analysis

If I can't sign or am not suitable for signing, the patient's close relatives will sign and agree. According to the relevant laws and regulations, medical personnel should explain the condition and medical measures to patients in medical activities. If surgery or special treatment is needed, medical personnel shall explain the medical risks and alternative medical schemes to patients in time and obtain written consent; If it is not appropriate to explain to the patient's close relatives, it shall explain to the patient's close relatives and obtain consent. If the situation is urgent and life-threatening and requires immediate surgery, but it is impossible to contact the family members, the operation can be carried out with the consent of the person in charge or authorized person of the medical institution. When a medical institution performs surgery, special examination or special treatment, it must obtain the consent of the patient, and obtain the consent and signature of his family members or relevant personnel; If the patient's opinions cannot be obtained, the consent and signature of the family members or relevant personnel shall be obtained. In an emergency, you can operate without the signature of your family. 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.

legal ground

"Interim Measures for Technical Appraisal of Medical Accidents" Article 36 The expert appraisal team shall comprehensively analyze the role of medical negligence in the consequences of medical accidents, the patient's original disease status and other factors to determine the degree of responsibility for medical negligence. The degree of responsibility for medical negligence in medical accidents can be divided into: (1) complete responsibility, which means that the damage consequences of medical accidents are completely caused by medical negligence. (2) The main responsibility means that the damage consequences of medical accidents are mainly caused by medical negligence, and other factors play a secondary role. (3) Secondary liability means that the damage consequences of medical accidents are mainly caused by other factors, and medical negligence plays a secondary role. (4) Minor liability means that most of the damage consequences of medical accidents are caused by other factors, and medical negligence plays a secondary role.