First, will the surgical signer take responsibility in the future?
As far as the legal norms of medical management are concerned, as long as they are immediate family members, they have the right to decide whether to treat patients. In other words, whether or not to agree to sign is the right of family members. Without the signature of family members, in case of emergency, the hospital should also treat patients and save lives; With the signature of family members, if patients do not follow the medical standard process, they should also bear the responsibility for problems.
Second, can the patient sign the operation himself?
Surgery patients can sign their own names. Article 10 of 20 10 "Basic Specification for Medical Records Writing" of the former Ministry of Health stipulates: "For medical activities that require the written consent of patients, the informed consent form shall be signed by the patients themselves. When the patient does not have full capacity for civil conduct, it shall be signed by his legal representative; When the patient is unable to sign due to illness, it shall be signed by its authorized personnel. "
According to the Basic Specification for Medical Record Writing, the medical plan must first be approved by the patient in writing, that is, signed by the patient. Only when it is not suitable to explain to patients (such as terminal illness, etc. ) and the patient is incompetent, will the patient's family sign it?
Third, the family members who performed the operation did not sign it. What responsibility should the hospital bear?
1, surgical consent form, signed by the patient himself. If I can't or should not sign, the patient's close relatives (such as spouse, parents, children, etc.). ) will sign the agreement.
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 the non-medical damage caused by the operation.
3. Strictly speaking, there is no direct relationship between whether to sign the consent form for operation and whether the hospital takes responsibility. That is, if the hospital's medical behavior is not at fault and does not cause non-medical damage to patients, even if there is no patient's signature, it does not need to bear the liability for compensation; If there is a fault in the medical behavior of the hospital, even if the patient signs it, he should be liable for compensation. Tort liability law
Fifty-fourth patients in the diagnosis and treatment activities, medical institutions and their medical staff are at fault, medical institutions shall be liable for compensation.
Article 55. Medical personnel should explain the condition 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.
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.