Consent to test

A doctor cannot test anyone without their consent. Any test or treatment done without consent or knowledge is unethical and constitutes an assault.

The basic model of consent outlined by the UK General Medical Council is as follows:¹

• The doctor and patient make an assessment of the patient’s condition, taking into account the patient’s medical history, views, experience and knowledge.
• The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient. The doctor explains the options to the patient, setting out the potential benefits, risks, burdens and side-effects of each option, including the option to have no treatment. The doctor may recommend a particular option which they believe to be best for the patient, but they must not put pressure on the patient to accept their advice.
• The patient weighs up the potential benefits, risks and burdens of the various options as well as any non-clinical issues that are relevant to them. The patient decides whether to accept any of the options and, if so, which one. They also have the right to accept or refuse an option for a reason that may seem irrational to the doctor, or for no reason at all.

Complex issues are involved for children and young people, and for adults who lack the capacity to consent. These are explored by the General Medical Council, and in BHIVA's testing guidelines.