A family doctor from North Yorkshire tested patients - including a man in his sixties - for HIV without their permission, the General Medical Council heard.

Dr John Alaistair Nicholls, 48, decided to take blood samples for hospital testing for the deadly virus, "whenever he believed there might be cause for concern", it was alleged.

Miss Sarah Vaughan-Jones, barrister to the Council, told its professional conduct committee that there was "no sufficient clinical indication" to justify his decision to test the five men and two women at his then practice at the Tadcaster Medical Centre.

He also failed to counsel the patients about the possible "personal and financial" consequences.

In the case of Miss B - the only one of the seven whom he asked if she wanted to have an HIV test - she came to see him to be prescribed the morning after pill, since it would have been too early for a diagnosis.

The other five patientswould not have given consent for an HIV test and were shocked when they discovered later the real reason why the doctor had taken the blood tests.

Miss Vaughan-Jones was opening the Council's case against Dr Nicholls, of Hollytrees, Bramham Road, Clifford, near Wetherby, who faces six charges of serious professional misconduct.

The doctor, who is attending the hearing, accompanied by his partner, admits failing to obtain the consent of Mr A, Mr C, Mr D, Mr E and Ms F, and failing to counsel them about having the tests.

He denies that there was "insufficient clinical indication" to justify testing them for the virus.

He denies failing to give Miss B adequate counselling about having the test and carrying it out with insufficient clinical indication to justify it.

Former patients of Dr Nicholls told the committee that they were "stunned and shocked" when they learnt that he had had them tested for HIV without their knowledge or consent.

Mr D told the committee he was "absolutely shocked" when the bombshell news was revealed to him in January 1998.

Another patient, Mr A, said he had considered Dr Nicholls, with whom he played badminton and hockey, as a friend as well as his GP until he found out that a test he thought was solely to check if a diagnosis of pneumonia was correct turned out to be for HIV.

Doctor Nicholls told the committee he had been concerned that patients with symptoms of possible HIV infection should be tested after his "harrowing experience" as a GP to two victims of the disease.

He added: "I am still satisfied that testing was the right decision in these cases."

Cross examined by Miss Vaughan-Jones, Dr Nicholls said it probably had not occurred to him fully the implications for life insurance policy applications of a record that they had been HIV tested.

The hearing continues.

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