Abstract
Incapacitated patients must be treated in their best interests according to the Mental Capacity Act 2005. As a result of this statute, the General Medical Council has advised that the testing of incapacitated source patients for HIV following occupational needlestick injury is unlawful. In this article, the reasons for the introduction of the Act are outlined and the impact of the legislation on the profession discussed. It is argued that it is in the patient's medical best interests to know if they are HIV positive so that they can be treated appropriately whilst they are incapacitated on ICU and begin timely medical therapy. It is in their social, emotional, cultural and religious best interests to be tested so that they can alleviate the anxiety of the injured healthcare worker, change their behaviour to avoid further spread and contribute to wider society as a ‘good egg’. It is concluded that the GMC has misunderstood the meaning of best interests and that their advice should be revised to allow testing to occur.
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