CASE STUDY

The Legal And Ethical Aspects of Health & Social Care

The Legal And Ethical Aspects of Health & Social Care

Scenario

Breaching confidentiality to protect others Bob has attended the genito-urinary clinic at his local Trust hospital. Bob is seen by Dr Gomez who informs him that he is HIV positive. Dr Gomez counsels Bob to contact his sexual partners to inform them of his status. Bob starts a course of treatment. For the last 18 months Bob has been in a relationship with Sue. They are expecting a baby in 2 months time. Before this relationship Bob had a series of sexual partners. On a subsequent visit to the clinic it becomes clear to Dr Gomez that Bob has not told Sue of his HIV status. Dr Gomez is aware of the impending arrival of their baby and tells Bob that steps should be taken to assess whether Sue is HIV positive and whether the baby is at risk so that if necessary treatment may be started. Bob adamantly refuses to tell Sue and says that if she is told without his consent then he will stop his course of treatment.

Introduction

The issue of human rights in the search for an answer the trail of human rights should be explored more, to the extent that it followed in the northern countries that have experienced the success that we know (Tschudin 2003). Bob have indeed shown a surprising lack of legislation and regulations in the field of HIV / AIDS. By viewing the collection of legal instruments on HIV / AIDS, one is struck by Bob where specific measures were taken. But there are real problems, and only the prospect of placing the individual, that is to say, people living with HIV, the focus of analysis to find a partial solution to reducing the impact of HIV. It is true that the articulation of rules designed to protect people living with HIV to enable them to play a role in strategies against HIV / AIDS is having problems.

Law related to case

Requires that any person who voluntarily submit to an analysis of HIV must first sign a consent form. The firm means that the person understands the meaning of the analysis and accepts submit to it. Requires that, except in a few cases, information on the state of the person's HIV is disclosed (shared with others) only if the person signs a consent form HIV disclosure or if the form is signed by the appointed guardian by a judge or by the agent who makes the medical decisions of the person. It applies to individuals and institutions that provide services directly social or medical and anyone who receives information about a person in connection with the HIV virus, according to a consent form duly HIV disclosure signed. Requires that any person or institution whose work falls within the Article 27F and receive information related to HIV must keep that information as confidential, as required the ...