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Power of Attorney) while requiring some form of consent for conscious patients. If the
patient is conscious but incapacitous, we could suggest that testing is permitted on an
existing sample only.
3. If testing is compulsory, patients in need of medical treatment may be reluctant to seek
treatment for fear of being tested against their will (albeit only in the rare eventuality of a
needlestick injury). This could have adverse effects on the patients’ health and have
negative cost implications to the National Health Service. This represents another reason
for preferring the non-mandatory option mentioned above.
A number of questions remain. If the test is performed against a competent patient’s will,
should the information obtained be offered to the patient? Should it be recorded in the
patient’s notes? If the patient was unconscious when the test was performed, when, how
and what should he or she be told?