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 individuals 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 patients informed consent.
A physicians surgical assistant became concerned when she learned of a patients HIV positive status through review of the patients chart and through direct discussions with the patient. The patient had friends in common with the surgical assistants son; the son was a known IV drug abuser. The surgical assistant obtained permission from her supervisors to reveal the patients 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 patients 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 patients 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