Analysis On Surgical Consent Form And Its Formation

The surgical consent form is a special health care contract. It is used as the writtenevidence that doctors fulfill the obligation of informing.Patients and their families also useit to exercise their right of informed consent. However, China’s relevant laws andregulations are too general. The provisions of the consent form, coupled with people’smisunderstanding of the surgical consent, resulted in difficulties in the trial practice. Firstly,this article begins with several significant cases to analyze the common effect of surgicalconsent form. We found that the consent form often used as a doctor’s exemption"protection". We also find that it is lack of substantial probative force in the proceedingsand the legal consequences of refusal are not so clear. In order to correct people’smisunderstanding of surgery consent form, we analyze its common defects. Secondly, theauthor designs the formation of the consent form and its processes from the perspective ofpreventing litigation dispute. Finally, because of the difference from the conventionalsurgical consent, the author proposed different design on the medical research surgery toprotect the legitimate rights better and interests of the participants and ensure the smoothoperation of the test. In short, the perspective of this article is different from previousstudies-from the perspective of preventing litigation dispute. With the purpose ofproviding a uniform scale understanding of such cases in the trial, the author introducedsome of the procedural law program to design of the surgical consent form and itsformation.