| Unlike conservative treatment,surgical treatment has high risk,Such as causing disability or death.Pre-operative signature not only can ensure the patient’s self-discipline of physical health,but also maintain the patient’s right to exercise informed consent.In other words,surgical signature is the basis for the establishment of modern doctor-patient relationships.This paper consists of two parts: The introduction and the main content of the article.The introduction part introduces the background of the topic,the research methods used,and the research status at home and abroad.The main text part introduces the operation status of operative signature system in detail——medical institutions define the scope of surgical signature subject in confusion,Procedures for surgical signature are chaotic,medical institutions rarely fulfill the obligation of emergency treatment.Through the analysis of relevant medical systems in the United States,Germany and Japan,and put forward some Suggestions to meet the needs of medical practice in China.For example,to clarify the scope of surgical signature subjects in medical practice,uniform surgical signature procedure,medical institutions buy medical liability insurance to transfer the risk of surgery.The first part of the article aims to clarify the concept of "surgical signature subject system" and lay a theoretical foundation for the follow-up research.Up to now,no matter whether it is academic or legal norms,there is no clear regulation on the concept of the system.Through the combing of relevant laws,understand the provisions of the current law and clarify the concept of the system.The second part of the article,through the collection and collation of the subject-related materials,clarifies the current status of the system.The collected information includes: internal regulations of medical institutions,surgical consent,power of attorney,etc.The third part of the article introduces the legal provisions for the signature of surgery in Western countries represented by the United States,Germany,the United Kingdom,and Japan.Through comparative analysis,provide ideas for the adjustment of institutional content.The fourth part of the article,based on the analysis of the previous article,proposes legal improvement suggestions for the existing deficiencies of the surgical signature system.For example: clarify the main body of the surgical signature,unify the signature procedure,and so on. |