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What are the legal or ethical issues involved in making such a decision?

What are the legal or ethical issues involved in making such a decision?

A patient with no known next of kin was undergoing an open-chest surgical procedure under general anesthesia. During the procedure, the surgeon accidentally cut his finger with the scalpel and his open wound was exposed to the patient’s blood. It was unknown at the time whether the patient was HIV positive.
Can the physician order HIV testing of the patient’s blood immediately, without the patient’s consent, so he knows whether he has been exposed to the HIV virus?
What are the legal or ethical issues involved in making such a decision?
If you were the hospital counsel or administrator and were presented with this issue, what would you advise?
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