Legal subjectivity:

The person signing the surgery does not have to be an immediate relative. The surgical consent form, anesthesia consent form and power of attorney form only need to be signed by the patient himself. However, in order to avoid risks caused by surgery, the hospital will require the patient and his close relatives to sign the surgery consent form and anesthesia consent form. The main reason why the hospital does this is to avoid the risks that may be caused by the operation and to prevent the trouble and disputes that unpredictable risks during the operation may bring to the hospital and medical staff. Legal objectivity:

Article 165 of the Civil Code: If the authorization for an agency is in written form, the power of attorney shall state the name of the agent, matters of agency, authority and period, and Signed or stamped by the principal. Article 1,219 Medical personnel shall explain the condition and medical measures to patients during diagnosis and treatment activities. If surgery, special examinations, or special treatments are required, medical staff should explain the medical risks, alternative medical plans, etc. to the patient in a timely manner and obtain their explicit consent; if it is impossible or inappropriate to explain to the patient, they should explain it to the patient's close relatives. and obtain their explicit consent. Legal basis: Article 36 of the "Interim Measures for Technical Appraisal of Medical Accidents" The expert appraisal team shall comprehensively analyze the role of medical negligence in causing damage to medical accidents, the patient's original disease status and other factors, and determine the degree of responsibility for medical negligence. . The degree of liability for medical negligence in medical accidents is divided into: (1) Full liability, which means that the damage caused by the medical accident is entirely caused by medical negligence. (2) Primary liability means that the consequences of medical accident damage are mainly caused by medical negligence, and other factors play a secondary role. (3) Secondary liability means that the consequences of medical accident damage are mainly caused by other factors, and medical negligence plays a secondary role. (4) Slight liability means that most of the damage caused by medical accidents is caused by other factors, and medical negligence plays a minor role.