Dilemma and Legal Risk of Subrogation of Informed Consent Rights in Cancer Patients

Civil Code of the People's Republic of China stipulates that when a patient "cannot or should not" be informed of their medical condition, such information should instead be disclosed to close relatives. But in practice, the surrogate exercise of cancer patients' right to informed consent by family members has shown signs of expansion and abuse, seriously infringing upon patients' personal rights and dignity. There is a pressing need to regulate the legal interpretation of the "cannot or should not" clause through legislation, judicial interpretations, and guiding case law. The scope of protective medical measures must be narrowly defined, and medical institutions should be granted limited discretionary authority when fulfilling their duty of disclosure. Additionally, a statutory procedure or third-party evaluation mechanism should be established to assess a patient's capacity for medical decision-making. These measures would reduce the legal risk of subrogation of informed consent and better safeguard the rights and interests of patients.