The doctor says I need surgery — can I ask a second doctor first? What a doctor must explain before you consent

What must a doctor explain before you consent?

The Code frames 'valid consent' as three conditions, one of which is that the doctor has given a proper explanation; the scope the explanation should cover is set out in the table below.

Do I always have to sign a consent form for surgery?

Any treatment that may carry significant risk, including major treatment and invasive major procedures, must have express and specific consent; a surgical procedure involving general or regional anaesthesia or injected sedation must have consent given in writing (Medical Council of Hong Kong, Code of Professional Conduct, section 2.5(a), October 2022).

For written consent, the doctor's explanation should be recorded reasonably clearly and concisely on the consent form; the patient, the doctor and the witness (if any) should sign the consent form at the same time, and each signatory must write their name and the date of signing next to their signature (Medical Council of Hong Kong, Code of Professional Conduct, section 2.5(b), October 2022).

A private hospital must set out policies and procedures in writing to protect a patient's 'right to obtain the information needed to decide whether to consent to any examination, medical procedure, operation or other treatment'; the information must be clear and detailed, covering the content, effectiveness and risks of the procedure and the other recommended treatments (Department of Health, Code of Practice for Private Hospitals, section 12.2.2(b), July 2026).

At a day procedure centre, before a patient consents to a surgical procedure they must be given information on the procedure and the anaesthesia, including but not limited to the reasons for the procedure, the other treatment options, the expected results and the risk of complications; informed consent must be recorded in the medical records and/or a signed consent form (Department of Health, Code of Practice for Day Procedure Centres, section 2.3.2.1, July 2026).

Can I ask for more time to think?

After the doctor has explained to the patient, they should, depending on the complexity of the information, the importance of the decision and the urgency of the recommended treatment, give the patient a reasonable amount of time so that the patient (or their family, where applicable) can make the decision properly (Medical Council of Hong Kong, Code of Professional Conduct, section 2.8, October 2022).

A patient's decision to refuse a recommended examination or treatment must be respected and recorded (Medical Council of Hong Kong, Code of Professional Conduct, section 2.9, October 2022); a private hospital must also set out policies in writing to protect a patient's right to refuse treatment after the consequences have been explained (Department of Health, Code of Practice for Private Hospitals, section 12.2.2(c), July 2026).

Whether an individual patient's condition is urgent and how long they can wait is for the attending doctor to judge according to the individual case.

If I want to ask another doctor, what does the Code say?

When a patient wishes to obtain another doctor's opinion, a specialist's opinion or another form of treatment, a doctor may be asked directly or indirectly for an opinion on a fellow practitioner; in that situation the doctor must give an honest opinion, consider it carefully and comment in good faith on the actual circumstances, always proceeding from the patient's best interests (Medical Council of Hong Kong, Code of Professional Conduct, section 19.1, October 2022).

A doctor should first obtain the patient's consent before disclosing any medical information to a third party not involved in a medical referral (Medical Council of Hong Kong, Code of Professional Conduct, section 1.4.1, October 2022).

The English term is shown in second opinion (term); what reports and images to bring is covered in how to prepare for a second opinion.

If I want to ask another doctor, how does it work in the public and private systems?

To book a new appointment at a Hospital Authority specialist outpatient clinic you need a referral letter issued by a locally registered doctor within three months, and one issued by a private doctor is also accepted; the booking steps are in how to book a public specialist clinic.

For a private specialist you can ask the hospital or clinic directly how to book; the consultation fee and the questions to ask when booking are in private specialist fees and what to prepare before seeing a specialist. A doctor must disclose the consultation fee at the patient's request, and a private hospital must keep a fee schedule covering all charge items, with the patient entitled to know the charges before treatment (Department of Health, Code of Practice for Private Hospitals, July 2026).

To bring old reports, records and images to another doctor, the ways to apply and the fees are in how to get your own medical records, reports and images.

Frequently asked questions