The distinction between clinical practice and surgical research may seem tr
ivial, but this distinction can become a complex issue when innovative surg
eries are substituted for standard care without patient knowledge. Neither
the novelty nor the risk of a new surgical procedure adequately defines sur
gical research. Some institutions tacitly allow the use of new surgical pro
cedures in series of patients without informing individuals that they are p
articipating in a scientific study, as long as no written protocol or hypot
hesis exists. Institutions can justify this practice by viewing human resea
rch in narrow terms as an activity outlined in a formal protocol. Applicati
on of limited definitions, however, erodes patients' rights and risks losin
g public confidence in how biomedical research is conducted. I propose an o
perational definition of human research also be recognised. Enforcing more
rigid and less ambiguous guidelines of human research may curtail enrolment
into some studies, but it will also protect patients from being used as su
bjects without their knowledge.