All participants must provide a valid consent to surgical clinical trials.
A valid consent requires patient capacity, adequate disclosure of informati
on, and voluntariness. Capacity is the ability to understand information re
levant to making a decision and to appreciate the reasonably foreseeable co
nsequences of a decision or lack of decision. To protect vulnerable persons
, an incapable person should not be enrolled in most clinical trials. The o
nly exception is if the study can only be conducted on incapable persons. I
f the willing research participant is incapable, consent must be obtained f
rom others through a process called substitute (or proxy) consent. Disclosu
re refers to the provision of relevant information to the patient and its c
omprehension by the patient. Most surgical trials carry more than minimal r
isks, so the requirement for careful disclosure of these risks to potential
participants is generally stringent. Voluntariness refers to the freedom o
f a person to make a treatment decision. In specific circumstances related
to emergency research, the requirement for consent may be waived. Waiver ca
n be justified only if the delay required to obtain consent would prevent t
he research from occurring and only after prior consultation with from the
"community" of potential research participants.