Patient's HIV Status Disclosed Without Consent: Patient Can Sue, Court Rules

Legal Eagle Eye Newsletter for the Nursing Profession

August 1996  

  Confidentiality of HIV test results and other information indicating an individual’s HIV status is of paramount importance, the court ruled, because the legal assurance of such confidentiality is an essential factor in getting persons to come forward for HIV testing in the first place. Disclosure of HIV-status-related information requires the patient’s informed consent.

  A physician’s surgical assistant became concerned when she learned of a patient’s HIV positive status through review of the patient’s chart and through direct discussions with the patient. The patient had friends in common with the surgical assistant’s son; the son was a known IV drug abuser. The surgical assistant obtained permission from her supervisors to reveal the patient’s HIV status, provided she not identify the patient by name. No authorization to reveal her HIV status was obtained from the patient. The matter was never discussed with the patient.

  The surgical assistant revealed the patient’s HIV status to three or four individuals, and apparently even identified the patient by name. The Supreme Court of Connecticut ruled that the patient had the right to sue the surgical assistant and her employer for damages for a direct violation of the state law which explicitly prohibits the disclosure of a patient’s HIV status to outside parties without expressed informed consent from the patient.

  Combating the AIDS epidemic by preventing the spread of HIV is an extremely important social policy objective, according to the court. This objective can be furthered by notifying those persons intimately associated with known HIV-positive persons of the acute need to take certain precautions.  "Jane Doe" vs. Marselle, 675 A. 2d 835 (Conn., 1996).

More references from nursinglaw.com

http://www.nursinglaw.com/hivtest2.htm

 

http://www.nursinglaw.com/hivtest3.htm

 

http://www.nursinglaw.com/hivstatus2.htm

 

http://www.nursinglaw.com/HIV-testing-patient-consent.htm

 

http://www.nursinglaw.com/hivdiscrim.htm