Consent to surgery is not the same as contract.
First, the main purpose of signing surgical consent is to ensure the implementation of patients' informed consent right.
Informed consent is one of the basic rights of patients. 1957, a medical lawsuit in the United States introduced this right into judicial practice. The case stipulates that doctors are obliged to inform patients of the advantages and disadvantages of various alternative diagnosis and treatment methods, including adverse consequences, and obtain patients' consent to the treatment plan. From 65438 to 0972, the United States promulgated the Patient Rights Act, which incorporated the right of informed consent into the legal rights of patients. China's existing laws and regulations, such as the Regulations on the Administration of Medical Institutions, the Law on Medical Practitioners and the Regulations on the Handling of Medical Accidents, also clearly stipulate that medical behavior should fully fulfill the obligation of informing.
Second, the consent to surgery belongs to the medical records, which is the conversation record of both doctors and patients before operation, and is not a contract document that defines the rights and obligations of both parties.
Article 24 of the Basic Specification for Medical Record Writing (Trial) stipulates: "The consent to surgery refers to the medical document that the attending doctor informed the patient of the operation to be performed before the operation and the patient signed and agreed." Article 10 also clearly stipulates who will sign the signatures of patients who have received special examination, special treatment, surgery and experimental clinical treatment, those who do not have full capacity for civil conduct, and those who cannot sign due to illness or ineffective rescue. In addition, the specification also stipulates the format and writing of the surgical consent, such as recording time, place and doctor's signature. It can be seen that the surgical consent is an important document to record medical behavior and medical process, and it is a material formed in the medical process, which has a completely different concept and connotation from the contract.
Third, agree that the operation does not meet the basic form and content requirements of the contract.
Contract is one of the important concepts in civil law, and it is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate civil rights and obligations.
One of the most important legal features of a contract is that it embodies the legal relationship between equal subjects. The content of a contract that embodies the legal relationship between two or more parties is a clause that regulates the establishment, change and termination of civil rights and obligations, and is by no means an instrument that records specific medical matters like a surgical consent.
Our country's laws have clear provisions on the conclusion of contracts, mainly including: the parties must have the right and ability to conclude contracts. Offer and acceptance in the process of contract conclusion. The main terms of the contract. All these require that the subject qualification of concluding a contract is legal, the procedures of offer and acceptance are standardized, and the main terms of the contract are complete.
However, the signing of surgical consent has its own contents, such as more emergency, more accidents and more postoperative infections, which are the characteristics of surgical treatment. Especially in the race against time emergency rescue, both doctors and patients simply have no time to discuss and sign a relatively complete and complicated surgical contract, even for elective surgery, it is difficult to sign a complete contract.
The above is about the operation consent signed by the hospital for you as the relevant content of the contract. In addition, I would like to remind that at present, some medical institutions have added some irresponsible contents for medical accidents such as surgery when drawing up the consent form for surgery, and asked patients to sign it. It is not appropriate to do so. Therefore, everyone should pay attention when signing the consent form for surgery.