Abstract
This case study is designed to be discussed in conjunction with the “duty to warn” cases such as Tarasof v. The Regents of the University of California and statutory provisions that set out duties relative to confidentiality and obligations to make certain disclosures, particularly duties that arise when the conduct of a patient potentially endangers the health or life of a third person. The case study provides a fact pattern in which the urgency to warn is heightened both by the HIV-positive scenario and by the identity of the HIV-positive individual. The hypothetical poses questions of how far and to whom a duty to warn extends, and under what circumstances. Through the role assignments set out at the end of the case study, the participants explore the interests of the various parties and inevitable conflicts that arise between the duty to warn and confidentiality
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Suggested Research
Statutory Law
Appendix A: California Health and Safety Code Section 121015.
Appendix B: Texas Health and Safety Code Section 85.204.
Case Law
Appendix C: Tarasoff v. Regents of University of California 551 P. 2d 334 (1976).
Texts
Annas, George J. Standard of Care: The Law of American Bioethics. New York City, NY: Oxford University Press, 1993, 119–31.
Munson, Ronald. Intervention and Reflection: Basic Issues in Medical Ethics. 4th ed. Belmont, CA Wadsworth, 1992, 205–57.
Pence, Gregory E. Classic Cases in Medical Ethics. 2d ed. New York City, NY: McGraw-Hill, 1995, 413–42.
Veatch, Robert M. Medical Ethics. 2nd ed. Sudbury, MA: Jones and Bartlett, 1997, 395–413.
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© 2001 Springer Science+Business Media Dordrecht
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Vukadinovich, D.M., Krinsky, S.L. (2001). Health Care Professionals and HIV. In: Ethics and Law in Modern Medicine. International Library of Ethics, Law, and the New Medicine, vol 6. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-9674-9_1
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DOI: https://doi.org/10.1007/978-94-015-9674-9_1
Publisher Name: Springer, Dordrecht
Print ISBN: 978-90-481-5854-6
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