There are many complex issues regarding confidentiality and the right to privacy in the modern health care system. It is the duty of physicians, nurses, and others to maintain classified information about their patients’ private health unless they agree to disclosure. Confidentiality is important because it builds trust between patients and physicians; without trust, the practice of medicine would not be possible. A break in confidentiality infringes a person’s rights and can expose patients to discrimination from employers and insurance companies, destroy their personal relationships, and leave them feeling ashamed and embarrassed by society. Given modern technology, databases, the Internet, and growing dependence on modern technology and computers, protecting an individual’s right to privacy and keeping their records confidential has become an extreme challenge. A person should have a right to privacy and has the power to control who may have access and use of their personal information. However, when is it acceptable for a physician to violate a person’s right to confidentiality and privacy?
In this case study, the physician is faced with making an ethical decision between protecting patient confidentiality and the duty to warn. He has to decide on whether to breach confidentiality and warn Consuela about Carlos’ HIV-positive status and her risk of becoming infected or protect patient confidentiality with Carlos. Since Consuela will be in close
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Conclusively, I think the physician should make Carlos choose between: Carlos can agree to allow Consuela to be his nurse, however, he would be required to inform her of his HIV-positive status; or request the doctor to inform her. The other decision would be for Carlos and the physician not to tell her and then do without Consuela’s nursing care. It would not be right to allow Consuela to be deceived and put her health at