试论手术同意书的法律和伦理意义

To Discuss Laws and Ethic Meaning of Operation Agreement Letter

国家的相关法律对手术同意书做了相关规定。从法律意义上理解,它是医务人员医疗行为的证明、医疗机构履行告知义务的证明、被手术方同意手术的授权委托书、是医学文书,同时也是病历资料的一部分。如果医方在手术中存在医疗差错,它不具备免责的效力。治病救人、救死扶伤是其伦理意义,当现实与法律相悖或法律出现真空时,医方应从立法精神上考虑,实施特殊的医疗干预。

Operation agreement letter is forced to perform by the law. For the perspective of law, Operation agreement letter is a medical document for medical staff to certify the legitimacy of medical treatment, for hospital to certify that the duty to apprize has been performed, and also an authorization paper by patient to permit medical staffs to operate. However, there is no enforcement to relieve the responsibility of the medical institutions if medical mistake exist. The ethic meaning of operation agreement letter is to cure the sickness, to save the patient, to heal the wounded, and to rescue the dying. When there is conflict between reality and law, or there is no correlated clause in the law, the medical institutions must consider the spirit of legislation and perform medical treatment in time.