6.In circumstances in which the subject's wishes are unknown after reasonable efforts to discern them, the decision shall be made on the basis of the subject's best interests as determined by the surrogate decision maker. In determining the subject's best interests, the surrogate shall weigh the burdens and benefits of the proposed research and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the patient would have considered if able to act for herself or himself. 9.The subject should be made aware of the research and the identity of the surrogate as soon as feasible. If the subject objects and the surrogate is not a court-appointed guardian, the subject should be withdrawn from the research. 10.The surrogate will have the same rights as the subject to receive information on the research, to withdraw consent for further participation, etc.
Informed consent is one of the fundamental principles of research with human subjects.
It has traditionally been recognized that proxy consent by someone other than the subject is not the same as the subject's own consent. The State of Illinois has two pieces of legislation which provide family members or others with legal authority to provide consent in situations where the patient is unable to provide consent. This statute initially applied only in situations concerning withdrawal of life sustaining treatment. Recent amendments to the statute extend the surrogate's authority to general medical treatment decisions, which can include research-related decisions. For copies of The Medical Patient Rights Act and The Health Care Surrogate Act , please contact The Office of Medical Legal Affairs.