thus right to privacy & confidentiality include not to reveal that they are diagnosed w/ AIDS?

Question

thus right to privacy & confidentiality include the right of the patient not to reveal that they are diagnosed w/ AIDS to the health care providers

Answer 1

As a nurse, I know for a fact that anyone diagnosed with HIV or AIDS has the legal right to keep that information confidential. That's why as a health care provider, I am always using Universal Procautions with every patient in my care. It's up to the patient if they choose to disclose that to whomever.

Answer 2

This seems to fall into the right to privacy vs public health catagory.

I agree that someone with Aids should not be put in a position of disclosure in “general” circumstances. – However, if you are stating Health Care Providers, then I am assuming you are referring to nurses , doctors - or medical practitioners that may be in contact with the patients blood work. (Dependent on the situation this could also include firefighters/police/dentists or EMT personnel). In all of these situations, if the patient does not disclose they have aids, and the other party has an open wound/cut, there is a possibility (although small) of infection/ transmittal. In these situations I would feel it irresponsible that the Aids carrier did not disclose.

There also have been court cases where infection did occur to Health Care Providers when the carrier specifically denied having aids (when they knew they did). Intentionally putting the Health Care Provider at risk. FYI: In the cases I am familiar with the HIV+ / Aids carrier were found guilty of Criminal, Deliberate, and / or Reckless HIV Transmission.

Since I’m not sure which Health Care Providers you are specifically referring to I will also include info on a huge controversy over the tracking method of Aids patients.
An article back in ’97 in the Atlantic Monthly discussed this and stated:
“Atlantic Monthly, author Chandler Burr asserts that HIV and AIDS have largely been exempted from the normal standards of epidemiological study out of concern for civil rights. These standards generally include routine testing, reporting, contact tracing, and notification. He claims that while measures are being taken in various forms around the United States, the efforts form a "chaotic patchwork" that is insufficient to stem the spread of the disease. According to Burr, this so-called AIDS exceptionalism first became evident in the 1980s, when activists started fighting for an end to AIDS discrimination and pressured the Food and Drug Administration and the Centers for Disease Control and Prevention on privacy issues related to HIV testing. Ultimately, there was essentially a suspension of the standard public-health practices for AIDS, including no routine HIV testing, varying reporting of HIV-infected individuals, and limited contact tracing and notification policies. Many cases of HIV infection have gone undetected as a result. In conclusion, Burr notes that upcoming legislation, such as Rep. Tom Coburn's (R-Okla) HIV Prevention Act of 1997, will likely escalate the debate about AIDS, testing, and privacy. He also asserts that a recent CDC report on the annual decline in AIDS deaths serves as proof of the efficacy of medical intervention and highlights the need to make the disease subject to more systematic standards”

--- The HIV prevention bill was not adopted because of widespread medical privacy concerns. More info on the bill: http://en.wikipedia.org/wiki/HIV_Prevention_Act_of_1997

Due to my career, over the years I have had a number of friends lost to AIDS and still have friends carrying the HIV virus (it is no longer a death sentence as it had been years ago). Most look at Health Care Providers as partners/caretakers that abide by ethical standards of non disclosure (which is even more inforced with the new HIPPA regulations). They prefer telling the Providers they are HIV+. For the Providers safety, and better care of their illness.

Answer 3

No. When a health care provider asks for a medical history and especially directly about HIV and/or AIDS, the patient does stand the risk of being sued and/or have criminal charges brought against them for lying.

The thought process is thus. Health care providers all have special rights granted to them in order for them to provide the best care possible. One of their resonsilites is to keep confidential a patients information. This allows a patient to tell them about such things as their drug and/or alchohol use in a situation where such information could lead to criminal charges or a civil lawsuit. The reverse of this is true as well. If a patient retains information about their condition that is potentially life threatening to their health care provider, the patient has a legal responsility to disclose that information when asked.

Now.. it is generally accepted practice that all health care providers use all precautions as if EVERY patient has a potentially harmful condition. I have been on both sides of this situation (not that I have HIV or anything) where I have been the health care providor (EMT) and where I've been the 'patient' and my best buddy (EMT/I) was 'working on me'. I've know this guy almost all my life and before he touched me (I had blood all over me) he first put on his gloves. He tried to explain/applogize for doing so, but I stopped him and told him I would be angry with him if he didn't do so.

Hope this helps!

Answer 4

People with HIV / Aids do not legally have to inform anyone, but morally and ethically they should. Health care providers work (or suppose to work) under confidentiality agreements, verbal or not, between them and their patients so I see no reason why someone would not inform others that they have the disease so that the rest of us can protect ourselves if need be, that would most definitely apply to anyone in Health Care.

Answer 5

As a nurse, I can tell you that you dont have to tell anyone about your condition. If someone has HIV/AIDS, we could probably assume based on the medications that were prescribed to you while in an acute care settiing ( hospital)
Really, it is no different then we nurses knowing if someone has a heart disease. We will probably figure it out based on the medications given.
I would think that your Doc would know. He has to order the test's for you and he would also order the medications. When a lab comes back , the doctor has to give the diagnosis. I would say he knows....

Answer 6

I think it would be foolish for the patient to withhold that information from his or her heathl care provider. In order to get exactly the care one needs, a patient needs to be completely honest and open with his doctor. The doctor is prevented by law from sharing that information with anybody who doesn't need to know (meaning he might have to tell a med tech or nurse for the purpose of your treatment.)

Answer 7

I would think it would be required to tell your health care professional that you are HIV positive. They run a risk of contracting the disease by poking you with needles and being exposed to your bodily fluids, etc...

Other then that, there is no reason to tell anyone else, unless of course you are having sex with someone.

Answer 8

It would be really irresponsible to not let all your doctors, dentists, or any other health care worker that is taking care of you. They need to take extra precautions when treating you.

Answer 9

I agree with Lisa. If I can't trust my doctors with something like that, how can i possibly expect them to help me? They HAVE to know that you are immuno-suppressed for just about any diagnosis.

Answer 10

You don't have to tell anyone anything, but I would let my doctors know.