Abstract

KIE: Presented here is advice for British physicians concerning the current legal status of testing for antibodies to the human immunodeficiency virus (HIV). Physicians are cautioned that they may be both civilly and criminally liable if they take a blood sample for HIV testing without disclosing to the patient the nature of the test and the possible consequences of a positive result, and without obtaining informed consent. Passive or active misrepresentation, even for the best of motives, could vitiate the consent and constitute fraud or deceit. Where the safety of the patient, physician, other health personnel, or the public is involved, the physician should explain the situation to the patient, record any refusal of testing, and treat the patient as if infected