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The HIV Epidemic - Online Term Paper

The HIV Epidemic


has posed two powerful, and conflicting, legal and ethical obligations.
The first obligation is to respect the privacy of persons with HIV infection. The threat of stigma and discrimination has had a profound impact on the extent to which persons living with HIV/AIDS have demanded ironclad legal protections of confidentiality. The Hippocratic oath advises physicians "to tell no secret" obtained in the course of the therapeutic relationship.
The second obligation is the duty to inform persons who may be exposed to HIV. The public claims the right to know if their sexual or needle-sharing partners are infected with HIV. Persons have a legitimate ethical claim that they should not be ...

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a transfusion, her doctor discovered that the blood was contaminated with HIV. Jennifer, however, was never informed. Three years later, Jennifer began dating Daniel Reesner, and she still was unaware of her infection. Later she was diagnosed with AIDS and died 1 month after the diagnosis. After learning of his girlfriend's death, Daniel tested positive for HIV. Did the physician have an obligation to inform Jennifer? If he failed to tell Jennifer, could he be held liable to her boyfriend years later? The California court answered both questions affirmatively.
In most US jurisdictions, there is little doubt that physicians have a legal duty to disclose a positive HIV test result to a patient. All patients have the right to be informed of relevant information about their own bodies and health. It also is likely that many courts would find a duty to warn known sexual and needle-sharingpartners. Nearly two decades ago, the California Supreme Court, in the landmark case of Tarasoff v ...

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The HIV Epidemic. (2007, September 29). Retrieved March 28, 2024, from http://www.essayworld.com/essays/The-HIV-Epidemic/71916
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"The HIV Epidemic." Essayworld.com. September 29, 2007. Accessed March 28, 2024. http://www.essayworld.com/essays/The-HIV-Epidemic/71916.
"The HIV Epidemic." Essayworld.com. September 29, 2007. Accessed March 28, 2024. http://www.essayworld.com/essays/The-HIV-Epidemic/71916.
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PAPER DETAILS
Added: 9/29/2007 01:29:20 AM
Category: Health & Medicine
Type: Premium Paper
Words: 1090
Pages: 4

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