NCJ Number
116087
Journal
Maryland Law Review Volume: 47 Issue: 3 Dated: (Spring 1988) Pages: 675-700
Date Published
1988
Length
26 pages
Annotation
This article discusses a Maryland Physician's legal and ethical responsibilities when a patient is diagnosed as HIV positive and forbids his doctor to discuss his diagnosis with his spouse, fiancee, or others with whom he has sexual relationships.
Abstract
At present Maryland law provides little effective guidance for physicians who must decide between maintaining the confidentiality of the doctor-patient relationship and notifying unsuspecting third parties of the serious foreseeable harm that an intimate association with an HIV positive patient could bring them. The article reviews Maryland's disclosure statute, relevant case law, and recommendations of the Governor's Task Force on Acquired Immune Deficiency Syndrome, concluding with the recommendation that Maryland enact and implement legislation proposed by the American Medical Association that would protect physicians from liability for failure to warn unsuspecting third parties that a partner has been found to be HIV positive. 126 footnotes.