Question

Discuss the potential controversy when considering a patient’s right to know whether a caregiver has AIDS, and the caregiver’s right to privacy and confidentiality. Consider the following: A physician cut his hand with a scalpel while he was assisting another physician. Because of the uncertainty that blood had been transferred from the physician's hand wound to the patient through an open surgical incision, he agreed to have a blood test for HIV. His blood tested positive for HIV and he withdrew himself from participation in further surgical procedures. Discuss the ethical and legal issues.

Answer 1

People with HIV infection and AIDS have the right to confidentiality and privacy about their health and HIV status.
Health care professionals are ethically and legally required to keep all information about clients or patients confidential.
Information about a person’s HIV status may not be disclosed to anybody without that person’s fully informed consent.
After death, the HIV status of the deceased person may not be disclosed to anybody without the consent of his or her family or partner – except when required by law.

As a patient with HIV who is receiving medical care from a health care provider, you have certain legal rights. You are entitled to:

Reasonable care no matter you race, gender, sexual orientation, ethnicity, national origin, age or source of income;
Request and receive information in a manner you can reasonably understand about your diagnosis, treatment, and prognosis;
Know the identity of every individual involved in your care, including students and volunteers;
Discuss and plan out your care with a physician or nurse, and can even refuse certain treatment, without fear of retaliation;
The right to privacy, including all your medical records being treated as confidential;
The right to review your own medical records and request copies of them;
The right to a proper amount of time during medical visits to discuss any medical concerns or questions you may have;
The right to get an advance notice for change of fees or billing practices and a reasonable explanation of those changes;
The right to treatment by caregivers who provide medical care to the best of their abilities in a safe and sterile manner;
The right to know what kind of relationships your caregivers have with other parties, such as insurance companies, that might affect your care;
The right to be informed of realistic alternatives for care when current treatment is no longer working; and
The right for your caregivers to provide reasonable assistance to overcome language barrier, cultural, physical or communication barriers.