I'm currently taking an Ethics class and our discussion question has to do with disclosing private information. Please read below, then my comments as to what I think and what others in our group think. I wanted to know if this were a real life situation, which route would be the correct one (legally and/or ethically).
Read the case and answer the questions:
In the Jeanette April residential treatment center for teenagers with emotional problems, the staff has become aware that Serena Adams, an 18-year-old female who is HIV+, has been sending notes to Donnie, an 18-year-old male resident, suggesting dates for sex. The fact that Serene is HIV+ is known only to the staff members and to Serena. Both state law and the American Disabilities Act forbid exposing the fact that anyone is HIV+. When the treatment team was told about this development, after the discussion, they asked Jackie La Martine, Serena's social worker to speak to her to explore the situation with her and try to avoid any sexual liaison between Serena and Donnie or at the least to make sure they know safe sex methods. When approached, Serena refused to cooperate, arguing that the information must be kept confidential, that she and Donnie love each other, and that how they have sex is their own business. She asked that no one tell Donnie of the facts. The team members are split as to what to do. Some argue that, as long as Serena informs Donnie, they should not interfere. Others argue the team should try to prevent any sexual relationship between them.
1. Should Ms. La Martine and the team leave Serena and Donnie alone to make their decisions despite the risk, or is their a duty to protect Donnie in this case?
I think patients have the right to privacy and confidentiality, except for when they place someone else in danger. Thus, in my view, Donnie should be told about Serena's HIV status.
Other students think it is most important to keep Serena's privacy and confidentiality intact. In other words, if she does not want Donnie to know, we (the healthcare providers) should respect that and not disclose anything to Donnie.
Which route is right? I live in Florida... we have what we call the "Baker Act" in which if someone is suicidal or homicidal, a physician can invoke the law and keep admit the person into the hospital. Also, if the patient makes threats, we are obligated to disclose the target party so they can keep safe. I see the case of HIV+ as a similar case, in which the healthcare provider has the duty to report the target... in the above hypothetical case... Donnie. What do you legal nurses say? Thanks !!
