Should caregivers be compelled to disclose patients' HIV infection to the patients' sex partners without consent?
The emergence of the HIV/AIDS pandemic has added to the tension between patients' private interests and public health interests regarding medical confidentiality. Many people become infected with HIV because they are unaware of the positive serostatus of their sexual partners. Informing or warning the sexual partners of HIV-positive patients of the patients'serostatus could assist in curtailing the spread of HIV/AIDS because sexual partners can thereby choose to avoid having unprotected sex with infected persons. By law, however, doctors have a duty to their patients to protect their medical confidentiality. Doctors, therefore, face a dilemma concerning which should prevail: patients' right to privacy and confidentiality or the importance to society of controlling the spread of the pandemic. Most medical regulatory bodies do not take clear-cut positions on the issue, leaving the decision to the discretion of individual doctors. The question of whether doctors should be legally empowered to breach the confidence of patients to protect the patients' sexual partners is discussed here with reference to the existing laws of Canada, the United States, and Nigeria.
Odunsi
Babafemi
B
Faculty of Law, Department of Business Law, Obafemi Awolowo University, Ile-Ife, Nigeria. femiodunsi2002@yahoo.com
D015492:AIDS Serodiagnosis; D002170:Canada; D003219:Confidentiality / Q000941:ethics / Q000331:legislation & jurisprudence*; D016358:Contact Tracing / Q000941:ethics / Q000331:legislation & jurisprudence*; D003657:Decision Making; D017007:Duty to Warn / Q000941:ethics / Q000331:legislation & jurisprudence*; D005260:Female; D015658:HIV Infections / Q000517:prevention & control* / Q000635:transmission; D006801:Humans; D008297:Male; D009549:Nigeria; D010819:Physician's Role; D014481:United States