Abstract
Does a test for human immunodeficiency virus (HIV) need the patient's explicit consent or is consent to take blood for unspecified tests sufficient? Two QCs have given conflicting opinions. Mr. Michael Sherrard QC advised the BMA's council that in testing for HIV without explicit consent doctors could be laying themselves open to negligence actions or even criminal liability. Mr. Leo Charles QC told the Central Committee for Hospital Medical Services that in his opinion, unless the patient specifically asks, it will be up to the doctor's clinical judgment whether he tells the patient that the test is for HIV.
