1. The surgical consent form must be signed by the patient himself. If I cannot sign or am not suitable to sign, the patient's close relatives must sign and agree (such as spouse, parents, children, etc.).
2. If the consequences of the operation and related measures are not informed to the patient or his close relatives through the above channels, the hospital shall be liable for compensation for non-medically necessary damage caused by the operation.
3. However, strictly speaking, there is no direct relationship between whether the surgical consent form is signed and whether the hospital assumes responsibility. That is, if the hospital's medical behavior is not at fault and does not cause non-medically necessary damage to the patient, it does not need to bear compensation liability even if there is no signature from the patient; if the hospital's medical behavior is at fault, even if there is a signature from the patient, it should still bear liability for compensation. .
"Tort Liability Law"
Article 54: If a patient is harmed during diagnosis and treatment activities, and the medical institution and its medical staff are at fault, the medical institution shall bear the liability for compensation.
Article 55: Medical personnel shall explain the condition and medical measures to patients during diagnosis and treatment activities. If surgery, special examination, or special treatment is required, medical staff should promptly explain the medical risks, alternative medical plans, etc. to the patient, and obtain their written consent; if it is not appropriate to explain to the patient, they should explain it to the patient's close relatives and obtain their written consent. Written consent.
If medical personnel fail to fulfill their obligations in the preceding paragraph and cause harm to patients, the medical institution shall bear liability for compensation.
Article 56: If it is impossible to obtain the opinions of the patient or his close relatives due to emergency situations such as rescuing a life-threatening patient, corresponding medical treatment may be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge. measure.