Medical law and ethics: HIV testing and consent: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law and ethics: HIV testing and consent

Sample item

Before elective surgery an orthopaedic surgeon wants to test an adult patient for HIV without telling her, in order to decide on precautions. What does the HIV and AIDS (Prevention and Control) Act 2017 provide?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

D. The test needs her informed consent, and universal precautions apply to all

The Act prohibits testing for HIV without informed consent, except under a court order, and requires pre- and post-test counselling. Universal precautions should be used for every patient regardless of status.

Option by option

  • A. Her husband's consent is enough

    A competent adult must consent herself; her husband cannot do so.

  • B. Testing is allowed on hospital policy alone

    Hospital policy cannot override the statutory requirement.

  • C. Testing of surgical patients needs no consent

    Surgery does not remove the requirement of consent.

  • D. The test needs her informed consent, and universal precautions apply to all (correct)

    Correct. Informed consent is required, and universal precautions protect staff meanwhile.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

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Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is D, The test needs her informed consent, and universal precautions apply to all. The Act prohibits testing for HIV without informed consent, except under a court order, and requires pre- and post-test counselling.

Why is "Her husband's consent is enough" not the answer?

A competent adult must consent herself; her husband cannot do so.

Why is "Testing is allowed on hospital policy alone" not the answer?

Hospital policy cannot override the statutory requirement.

Why is "Testing of surgical patients needs no consent" not the answer?

Surgery does not remove the requirement of consent.

What concept does this question test?

It tests Medical law and ethics: HIV testing and consent in Forensic Medicine. Universal precautions should be used for every patient regardless of status.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law and ethics: HIV testing and consent?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.