My homework question asks if your patient is engaging in intercourse with his wife but does not disclose to her he has HIV and she contracts is what is the legal consequence of the doctor and/or nurse? My thought is we are bound by confidentiality and therefore protected by it. However, morally I dont want that on my conscience. I know with homicidal patients there is a duty to warn with therapists and confidentiality is broken but does this carry over in medicine? He is braking the law with criminal transmission of HIV. Regardless of the lack of intent is there a consequence for us? I also polled a lawyer about this and havent heard back.
I have a friend of mine who is a lawyer and she gave me the statute number and citation for our state which essentially says the doctor can notify the spouse if efforts to convince the patient to do so on his own fails without any legal repercussions. I tried to go on the department of public health website but there is something with my computer that will not allow that website to work. I am not sure why it just says page can not be found.
Last edit by bear14 on Oct 18, '13
: Reason: Grammer