Conflict Between a Doctor's Duty To Warn a Patient's Sexual Partner That the Patient Has AIDS and a Doctor's Duty To Maintain Patient Confidentiality

• NCJ Number: 118231
• Journal: Washington and Lee Law Review Volume: 45 Issue: 1 Dated: (Winter 1988) Pages: 355-380
• Author(s): J S Talbot
• Date Published: 1988
• Length: 26 pages
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

Federal and State legislatures should resolve the current conflict that exists between physicians' duties to maintain patient confidentiality and their duty to warn an AIDS patient's sexual partner.

Abstract

One public health official has argued that the sexual partner's right to know about the patient's AIDS infection overrides the patient's right to confidentiality. Other commentators argue that a doctor must not violate patient confidentiality under any circumstances. However, it is impossible for a doctor to determine whether an AIDS patient will inform the sexual partner about the AIDS infection. Forcing doctors to choose between the competing duties places doctors in an unfair situation. In resolving the conflict, legislatures must consider the strong need for confidentiality to encourage voluntary AIDS testing, society's interest in stopping the spread of AIDS, and the great burden caused by extending a doctor's liability for failing to warn all persons of the diagnosis of a person with AIDS. A legislative resolution of the conflict would notify all concerned persons of the respective rights and duties relating to an AIDS diagnosis.