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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.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Then...... in Illinois the nurse cannot inform the spouse of the partners status.

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