Risk and Disclosure

  Read the following story about the Dr. John Doe's experience. A physician, John Doe, was a resident in obstetrics and gynecology (OB/GYN) at the medical center. In 1991, he cut his hand with a scalpel while he was assisting another physician. Because of the uncertainty that blood had been transferred from Doe's hand wound to the patient through an open surgical incision, he agreed to have a blood test for HIV. His blood tested positive for HIV, and he withdrew himself from participation in further surgical procedures. The medical center and Harrisburg Hospital, where Doe also participated in surgery, identified those patients who could be at risk. The medical center identified 279 patients, and Harrisburg identified 168 patients who fell into this category. Because hospital records did not identify those surgeries in which physicians may have accidentally cut themselves, the hospitals filed a petition to waive confidentiality citing a "compelling need" to disclose information regarding Doe's condition to those patients who conceivably could have been exposed to HIV. Doe argued that there was no compelling need to disclose the information and that he was entitled to confidentiality under the act. 1) Do you agree that there was a need for disclosure of the physician's HIV status? 2) How would you weigh his right to privacy against the patients' right to know? Task #3: Create a post with the subject line, "Risk and Disclosure" and post your responses to the above questions.