Forced HIV-testing: a blessing for the physician or a worst case scenario for the patient?
A ruling by the Court of Appeal in Amsterdam on 18 April 2002 has emphasized that a patient not only has rights but also responsibilities. The issue was whether a physician can violate his medical confidentiality in the patient-doctor relationship as a result of fear of infection with the HIV-virus after an accidental cut during surgery. The aim of the physician was for the award of his claim that the patient be forced to take an HIV-test. The ruling by the Court of Appeal has been noted by health lawyers and has been received positively (not unexpectedly) by the medical profession.
Vermaas
Albert
A
Legal Advisor Board of Directors, University Medical Centre Utrecht, The Netherlands.
D015492:AIDS Serodiagnosis / Q000331:legislation & jurisprudence*; D003219:Confidentiality / Q000331:legislation & jurisprudence; D015658:HIV Infections / Q000175:diagnosis*; D006801:Humans; D009426:Netherlands; D010820:Physicians / Q000331:legislation & jurisprudence*