Can I try the new medicine without the doctor's consent?

Without the patient's consent, the hospital can't let him try new drugs. According to the provisions of the Law on Medical Practitioners, doctors should obtain the consent of the hospital and the consent of the patient himself or his family when conducting experimental clinical treatment. Therefore, hospitals have no right to try new drugs on patients, especially without the consent of patients, which is illegal.

legal ground

Article 30 of the Regulations for the Implementation of the Drug Administration Law

The development of new drugs requires clinical trials, which shall be approved by the drug supervision and administration department of the State Council in accordance with the provisions of Article 29 of the Drug Administration Law.

After the drug clinical trial application is approved by the drug supervision and administration department of the State Council, the applicant shall choose the institution that undertakes the drug clinical trial among the legally recognized institutions with the qualification for drug clinical trial, and report the clinical trial institution to the drug supervision and administration department of the State Council and the health administrative department of the State Council for the record.

Drug clinical trial institutions shall inform the subjects or their guardians of the real situation in advance and obtain their written consent when conducting drug clinical trials.