Court: Hospitals not responsible if families refuse to give consent

Hospitals will be exempted from responsibility if doctors perform emergency surgery before they are able to secure consent from patients’ relatives.

The ruling, issued by the Supreme People’s Court on Wednesday, clarifies responsibilities of hospitals when they have to perform medical emergencies but do not have agreements from patients’ families.

Doctors often face this dilemma when they are not able to find patient’s families or the relatives do not reach an agreement or refuse to sign before the hospital starts the procedure. But after the surgery, sometimes families disagree and demand the doctors to pay, an official with the national top court’s research office said in a statement.

Now doctors can perform emergency treatment after securing approval from the person in charge of the hospital, the court said.

“The courts will support the doctors and the hospitals will not have to compensate under this ruling,” said the official, whose name was not disclosed.

“The move is to encourage doctors to save patients in emergency and consider rescue as the priority.”

But if hospitals neglect or are late to take medical actions, they will be held responsible and would have to pay compensation, , the ruling added.

The interpretation, which will come into effect on Thursday, can also help regulate hospitals as they handle emergencies, the official added.