Disclosing HIV Status: Confidentiality, Right to Privacy and Public Interest.
Generally, privacy is a universally recognised human rights. In a medical setting, all patients have a right to privacy, while doctors have a corresponding duty. Doctors are entrusted with medical records or information of patients under their care. The information could be disclosed by the patient...
| Publicado en: | Pertanika Journal of Social Sciences & Humanities Vol. 26; no. 2; pp. 601 - 614 |
|---|---|
| Autores principales: | , , |
| Formato: | Artículo |
| Publicado: |
Universiti Putra Malaysia
2018
|
| Materias: | |
| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=134082510&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 134082510 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01287702 TKQ jtl: Pertanika Journal of Social Sciences & Humanities issn: 01287702 maglogo: N pubinfo: dt: 2018 vid: 26 iid: 2 pid: 20751 pub: Universiti Putra Malaysia artinfo: ui: 134082510 ppf: 601 ppct: 13 formats: fmt: @attributes: type: P size: 2MB tig: atl: Disclosing HIV Status: Confidentiality, Right to Privacy and Public Interest. aug: au: Salihu, Sani Ibrahim Yusof, Yuhanif Halim, Rohizan affil: School of Law, UUM College of Law, Government and International Studies, Universiti Utara Malaysia, 06010 UUM, Sintok, Kedah, Malaysia su: Disclosure HIV status Confidential communications Right of privacy Public interest Physician-patient relations sug: subj: Disclosure HIV status Confidential communications Right of privacy Public interest Physician-patient relations keyword: Confidentiality HIVV Non- Disclosure Privacy rules of medical practices ab: Generally, privacy is a universally recognised human rights. In a medical setting, all patients have a right to privacy, while doctors have a corresponding duty. Doctors are entrusted with medical records or information of patients under their care. The information could be disclosed by the patient himself, created or generated by the doctors. Although this is a common law principle, sometimes it conflicts with the public interest and duty to warn a third party. However, health-related laws in Nigeria do not have an adequate provision ensuring the safeguard and protection of this rule, nor provide reconciliation where there is such conflict, like in the case of disclosing HIV status to spouses. The objective of this paper is to examine the law and the rules of medical practice on nondisclosure of a patient's confidential record, with reference to doctors' duty to keep confidential all information about their patient and the public interest, especially their HIV status. Doctrinal research method is used to study both primary and secondary legal resources. Reference may be made to other jurisdictions. The scope of the paper is limited to the provision of the legal framework regulating doctor-patient relationship in Nigeria. More than half of the HIV patients do not disclose their status to their spouses, and there is a conflict between patients' right to privacy and public interest not to allow the spread of the viruses/ diseases due to nondisclosure principles. Hence, a need to have a legal framework to bridge this gap. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Pertanika Journal of Social Sciences & Humanities is the property of Universiti Putra Malaysia and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Pertanika Journal of Social Sciences & Humanities holder: Universiti Putra Malaysia dt: @attributes: year: 2018 holdings: @attributes: islocal: N |
|---|