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AIDS and Confidentiality

Does an AIDS patient have rights to FULL confidentiality? Meaning being does an AIDS patient have the right to deny this information to their spouse and/or sexual partner? Even greater, does a physician have an obligation to inform the partner? A lot of controversy is currently occurring due to this topic.

In a recent case, Mr. B., a twenty-eight year old prominent member of the city council was recently tested positive for HIV antibodies (the virus that causes AIDS). He currently has no symptoms, so it is not yet obvious to anyone but him and his doctor that he is infected. He was informed that he had between a five and thirty-five percent chance of developing AIDS in the next five years. Mr. B. was told that it was very possible to spread this disease through sexual contact, needles, or donating blood - among various other methods. He was counseled to take preventative measures from spreading the virus.

Later, Mr. B. revealed that he was bisexual and that he probably contacted the virus through a homosexual encounter. He is also engaged (to a woman). He then refused to tell his fiancee because it could ruin his marriage plans.

Our ethical dilemma is this: Should the doctor inform the fia


ncee? Should he protect the doctor/patient confidentiality? What if Mr. B. had an affair with the physician's daughter. Should he break the privilege then? What about the other sexual partners Mr. B. has had sex with? Ho far should confidentiality be taken in this case? IF confidentiality is a prima facie duty, what would constitute the overriding of confidentiality?

In another light, if the physician chooses to not tell anyone, that is also his legal right. In a recent court ruling in San Antonio, a clinic was cleared of all responsibility when sued by Ms. Linda Garcia for not informing her that her husband was infected before she married him. Unfortunately for her, Texas law does not include fiancees or other sexual partners in their partner notification program. Fortunately for her, he test came up negative (Elizondo Jr, 1990).

All in all, a patient's confidentiality is protected thoroughly. In very few cases is it compromised. Unfortunately, the most controversy arises out of the smallest number of cases. Should the doctor notify any of the parties talked about previously? Legally and ethically, it's his call. Luckily for them, physicians have the law on their side no matter what in most cases here.

Today, in some cases, reporting

Some common words found in the essay are:
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Approximate Word count = 852
Approximate Pages = 3 (250 words per page double spaced)


  

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