Violating Confidentiality to Warn of a Risk of HIV Infection: Ethical Work in Progress
Theoretical Medicine. 1991 Dec; 12(4): 309-323.
The old literature on whether medical confidentiality may be breached to warn a spouse of a risk of contracting syphilis from his/her partner -- a deep and rich literature -- has become relevant once again in the context of HIV infection and AIDS. This paper examines the reasoning and method employed in: the Catholic approach centered around the patient's (property) right to the secret; a (generic) model of justice, utilizing minimal principles of non-aggression and restitution; and an approach involving the elimination of unstable alternatives: the view that public health officials, but not the spouse, may/must be notified; and, that maintaining that the physician is at liberty to disclose but is not obliged to do so. The theory and method behind confidentiality turns out to be deeper than you might have anticipated.
Aggression; Aids; Aids Serodiagnosis; Alternatives; Bioethics; Casuistry; Codes of Ethics; Coercion; Confidentiality; Duty to Warn; Ethical Analysis; Ethics; Health; Justice; Literature; Married Persons; Medical Ethics; Moral Obligations; Moral Policy; Organizations; Patients; Physician's Role; Physicians; Policy Analysis; Professional Organizations; Property Rights; Public Health; Property; Rape; Rights; Risk; Roman Catholic Ethics; Sexuality; Syphilis; Theology; Trust;
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Freedman, Benjamin; Fuks, Abraham; Weijer, Charles (1993-03)To what risks may children participating in research be subjected? Institutional review boards can stand surrogate for parents by filtering out studies whose risk is unacceptably high.