Legal analysis: the surgical consent form should be signed by the patient himself. I can not sign or is not appropriate to sign, by the patient's next of kin to sign consent. 2, the consequences of surgery and related measures are not through the above means to inform the patient or his next of kin, the surgery caused by non-medical needs of the damage, the hospital shall bear the responsibility for compensation. 3, however, strictly speaking, the surgical consent form whether the signature and the hospital whether to bear the responsibility of the hospital has no direct relationship between the signing of the consent form. That is, if the hospital's medical behavior is not at fault, did not cause non-medical needs of the patient's damage, even if there is no patient's signature, but also do not need to bear the responsibility for compensation; If the hospital's medical behavior is at fault, even if there is the patient's signature, but also should bear the responsibility for compensation. In the civil agency system, for the civil behavior of the civil agent without the right of the retroactive recognition, can be judged by the agent's behavior, and not necessarily need the parties to make a clear expression of intent orally or in writing. In this case, the agent patient and his family for the surgery is positive cooperation, no clear opposition, therefore, can be regarded as the family agreed to the unauthorized agent behavior.
Legal basis: "the Chinese people's *** and national code"
Article 161 of the civil subject can be through an agent to implement civil legal acts. A civil legal act which, in accordance with the provisions of the law, the agreement of the parties or the nature of the civil legal act, should be performed by the person himself shall not be represented.
Article 162 An act of civil law performed by an agent in the name of the agent within the authority of the agent shall have effect on the agent.
Article 163 An agent includes a principal agent and a legal agent. A commissioned agent exercises the right of agency in accordance with the commission of the agent. A legal agent exercises the right of agency in accordance with the provisions of the law.
Article 1218 If a patient suffers damage in diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall bear the compensation responsibility.