Legal analysis: The earliest stipulation of signing consent before operation in China is the Hospital Work System of the Ministry of Health. Subsequently, in the Regulations on the Administration of Medical Institutions, the Law on Medical Practitioners, the Regulations on Handling Medical Accidents and other laws and regulations, it was clearly stipulated that doctors should perform preoperative notification and sign informed consent. In judicial practice, if it is elective surgery, the medical staff exercised the obligation of informing according to law before surgery, and the patient also signed the consent form of surgery on the basis of knowledge. When there is an accident during the operation, the doctor can rescue it in time according to the routine diagnosis and treatment. Under the condition that there is no fault in medical behavior, the doctor generally does not have to bear any liability for compensation. Therefore, signing the consent for surgery is not only the patient's commitment to the operation, but also the patient's commitment to bear the responsibility for medical risks, but the premise is that there is no fault in medical behavior! For patients with full capacity for civil conduct, the surgical signature must be the patient himself. If the patient authorizes a third person to sign, he must have a power of attorney and keep it in the medical record. For patients with limited or no capacity for civil conduct, their surgical signatures shall be exercised by their guardians or legal representatives. For unidentified coma patients, medical institutions shall, in accordance with the provisions of Article 33 of the Regulations on the Administration of Medical Institutions, treat them without authorization in case of emergency, that is, "the attending physician shall propose a medical treatment plan, which shall be implemented after the consent of the person in charge of the medical institution or the authorized person in charge". This is the rule that medical personnel should bear the responsibility of emergency avoidance.

Legal basis: Article 19 of the Regulations on the Management of Medical Records of Medical Institutions, medical institutions can copy the temperature list, doctor's orders, hospitalization records (admission records), operation consent, anesthesia consent, anesthesia records, operation records, nursing records of critically ill patients, discharge records, informed consent for blood transfusion treatment and consent for special examination (special treatment) for applicants.

"Regulations on the Administration of Medical Institutions" Article 33 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 opinion cannot be obtained, it shall be agreed and signed by the family members or relevant personnel; When patients' opinions cannot be obtained and no family members or related personnel are present, or other special circumstances are encountered, the attending physician will put forward a medical treatment plan, which will be implemented after being approved by the person in charge of the medical institution or the authorized person in charge.