Patients can ask their friends to sign a consent form for surgery, but both parties must agree. If I can't or should not sign, the patient's close relatives (such as spouse, parents, children, etc.). ) will sign the agreement. 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. But strictly speaking, whether or not to sign the consent form for operation is not directly related to whether or not 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. In the civil agency system, the ratification of civil acts without agency can be judged by the principal's behavior, and it is not necessary for the parties to express their intention orally or in writing. The patients and their families in this case actively cooperated with the operation, and there was no clear objection. Therefore, it can be considered that family members agree to have no right to act as agents.

However, if the medical institution is at fault in the operation process and violates the operating rules, which will cause adverse consequences to the patients, it still needs to bear the corresponding civil liability, which has nothing to do with the agency behavior and the signing of the operation consent. If the occurrence of a certain operation risk is not caused by the doctor's fault, nor is it related to the patient, but the adverse consequences caused by the limitations of the development of medical science, it is a "real" risk in the practical sense, and the hospital or doctor will not bear any responsibility. If some medical personnel regard the consent form of operation as a "amulet" to exempt from legal responsibility in the clauses on surgical risks, and list the surgical risks as much as possible regardless of the size of the operation, resulting in more and more surgical risks that could have been completely prevented through the efforts of medical personnel, which are not exempt from surgical risks, hospitals and medical personnel should bear corresponding legal responsibilities.

The consent of operation, anesthesia and power of attorney can be signed by the patient himself, but in practice, the hospital often requires the patient himself and his close relatives to sign the consent of operation and anesthesia. The main reason for the hospital to do this is to avoid the risks that may be brought by surgery. 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 basis:

People's Republic of China (PRC) Civil Code

Article 137 The expression of intention made by means of dialogue shall take effect when the counterpart knows its contents. Non-dialogue means it takes effect when it reaches the other party. Non-conversational meaning in the form of data message means that if the counterpart designates a specific system to receive the data message, the data message will take effect when it enters the specific system; If no specific system is specified, the counterpart knows or should know that the data message will take effect when it enters its system. If the parties have otherwise agreed on the effective time of the expression of intention in the form of data message, such agreement shall prevail.

Article 161 A civil subject may carry out a civil juristic act through an agent. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.

Article 163 Agency includes entrusted agency and legal agency. An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law. Patients can ask their friends to sign a consent form for surgery, but both parties must agree.