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What if there is no immediate family member to sign the operation?
legal analysis

requires the signature of family members or related parties. Such as parents, children, son-in-law, lover and other immediate family members. The consent of the patient shall be obtained, and the consent and signature of his family members or related persons shall be obtained; If the patient's opinions cannot be obtained, the consent and signature of the family members or related persons shall be obtained. 1. The consent form for operation not only has the consent of the patient, but also contains the notification from the doctor, which is a legal act of both parties.

2. Whether to operate depends on the patient's willingness, and both parties have equal legal status.

3. Rights and obligations are set between doctors and patients.

the rights and obligations of the doctor: the doctor has the right to perform surgery on the patient's body according to the consent form. At the same time, doctors also have the obligation to provide surgical treatment services. This kind of right and obligation is actually the same, because it is both a right and an obligation of the doctor to carry out medical behavior on the patient's body.

patients' rights and obligations: once the patients sign and agree, they have the right to receive surgical services, and they have the obligation to provide their bodies for surgery, pay for surgery and bear the risks of surgery.

The rights and obligations set in the consent form for operation are invisible and implied. Who will bear the operation risk cannot be directly drawn from the consent form for operation, but it can be inferred from the terms that the doctor told the patient that the operation should be performed, but the operation is risky, and the patient agreed to the operation, which means that he is willing to bear the operation risk by default. This is a self-evident statement.

Legal basis

Article 28 of the Regulations of the People's Republic of China on Basic Medical Insurance for Urban Workers

Personal accounts are used to pay medical expenses beyond the scope of payment by the overall fund; If the personal account is insufficient to pay, it shall be borne by me.

Article 29 The medical expenses for hospitalization of serious diseases shall be paid according to the following methods:

(1) The Qifubiaozhun shall be controlled in principle at 9%-11% of the average social wage of employees in cities, counties and autonomous counties in the previous year.

(2) In principle, the maximum payment limit shall be controlled at 3-5 times of the average social wage of employees in cities, counties and autonomous counties in the previous year.

(3) The medical expenses above Qifubiaozhun and below the maximum payment limit are mainly paid by the overall fund, and the individual bears a certain proportion. Give appropriate care to the proportion of retirees who bear medical expenses.

the scope of serious diseases, the specific standards of qifubiaozhun and maximum payment limit, and the sharing ratio of medical expenses above qifubiaozhun and below maximum payment limit shall be determined by the provincial people's government.

Article 3 The pooling fund will not pay the medical expenses below the minimum threshold and above the maximum payment limit.