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Old 18th February 2020, 10:09 PM   #392
xjx388's Avatar
Join Date: Nov 2010
Posts: 9,143
Originally Posted by Skeptic Ginger View Post
You don't appear to recognize the difference between ethics and local laws. Hint: they are not the same.
They are not the same. But breaking the law is unethical.

The next one though, holy cow! Think about what you said here.
You think a confidentiality law overrides the obvious duty to warn?
Hell yes, it does.

That spouse needs treatment. If it was HIV (in the real case it was, I just didn't want to clutter up the case) that spouse will die without treatment. And you think the ethics of a HIPAA law is more important!
Now you are moving the goalposts. Still, we have dealt with HIV disclosure issues before. We report to the State, the State handles partner disclosure. We also encourage the patient to self-disclose before that happens.

See, there is a real answer here and you and a couple of the doctors in this case are ignorant of the law. Reporting to a person they have been exposed to an infectious disease overrides HIPPA. It's called public health exception.
For certain infectious diseases covered by other law, yes. Paramount in any ethical decision on partner disclosure is complying with the law. If the State mandates or specifically allows partner disclosure directly by the doctor, then do it. If the law does not allow it, then donít.

Once again you are conflating ethics with laws.
Ethics requires following the law.

This has nothing to do with informed consent. And cultural issues are extremely important in medicine.
Sure, but more important is the duty to the patient. The patient has a fundamental right to know their diagnosis and a fundamental right to consent to treatment. You incorporate the cultural concerns by including the family in the discussion and finding out, ultimately, how the patient wants to handle these issues -itís their choice.

I edited in another example.
I saw that and edited mine. In short, bad medical judgement, not really ethics.
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