Does anybody know if doctors, surgeons in particular, have the right to know if their patients are HIV-positive? And if they do, is it legal for them to refuse to operate on them on the grounds that their own safety is threatened?
Answer -------
This issue is widely misunderstood, because of confusion about *why* doctors need to know about a patient's medical history. The need to know is based upon the patient's well being. A complete medical history is important in the care of any patient. The care is poor, when the information is grossly wrong (such as failing to include information about HIV). The information is NOT for the benefit of the physician (or any other health care provider). Health care workers protect themselves through the use of "universal precautions" in which they presume ALL patients to be infected. In this way, they afford maximum protection at all times (even for patients who are positive but don't know it themselves). By this reasoning, a person who simply draws blood has no right to the HIV information, since that knowledge would provide no benefit to the patient
The question of legality depends upon where you are, but it is felt to be ethically inappropriate to refuse care because of the risk. Historically, physicians have taken great risks in the practice of medicine (plague right up to TB in recent years). It is hard not to sympathize with one who has been infected in this fashion, but it is really not that common. We all take much greater risks in our daily lives.
Feel free to write back about this issue if you have a differing point of view (or about any other issues).
--
Jack P. Freer, MD
JFreer@ubmedb.buffalo.edu
as416@freenet.buffalo.edu
NOTICE: OFCN is not engaged in the rendering of professional medical services. The information contained on this system or any other OFCN system should not supplant individual professional consultation. It is offered exclusively as a community education service. Advice on individual problems must be obtained directly from a professional.
Click here to review previous Biomedical Ethics Center consultations