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Clinical testing: some legal lessons from history

John Finch · British Journal of Neuroscience Nursing · 2020

John Finch, an independent journalist specialising in legal and ethical aspects of clinical practice, has previously examined the fundamentals of consent to treatment. In this article, he focuses on testing for medical conditions, including suspected transmissible disease. The alarming and rapid spread of COVID-19 has highlighted the larger question of whether and to what extent consent by a person to be tested, as well knowledge as to the precise reason for the test, is a legal requirement. Taking a broader view of clinical testing, this article examines the legal basis of consent and places it in context by briefly examining the law relating to negligence and the nature of assault and battery.

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