Question

Case Study:

Sherman H. is taken into an exam roon in the office of Dr. K. by the medical assistiant, Mary. Mary gets int a discussion with Sherman about their mutually favorite sports teams. As Mary leaves the exam room, she accidentally places Sherman's medical files on the counter. While Sherman waits for Dr. K., he reads trhoug them and and is shocked to discover that his recent HIV test came back positive. Sherman panics and runs out of the office without seeing Dr. K.

Dr. K. tries to reach Sherman but there is no answer on his phone. Dr. K. then sends a letter marked "Confidential" to Brian's home, stating that he must be treated and needs to inform his partners about his HIV status. Sherman does not respond to this letter.

Please answer the following case questions (20 points):

1. What else can Dr. K. do to meet his obligations to report a communicable disease?

2. What responsibility does the medical assistant, Mary, have relating to this problem?

3. How might Sherman be encouraged to report his condition to his sexual partners?

4. Did any ethical or legal violations occur? Please identify and describe.

Answer 1

1. What else can Dr. K. do to meet his obligations to report a communicable disease?

Answer - Physicians must report all communicable diseases. These disease are considered a general threat to the public. He done everything he could on his part. All that he can do is report it to the health authorities by phone or email. However the patient should always be informed that there are status that impose criminal liability on someone who is an HIV carrier and knowingly engages in sexual; activities that could spread the virus. In dealing with outbreaks of communicable diseases, Doctor K. should work with public health authorities to promote the use of interventions that achieve desired public health outcomes with minimal infringement upon individual liberties. In implementing such measures, Doctor K should take necessary actions to promote the patients’ well-being. In addition, Doctor K should also be responsible for taking appropriate precautionary measures to protect the health of individuals caring for patients with communicable diseases. Physicians are ethically obligated to safeguard patients’ privacy and should not reveal confidential communications or information without the express consent of the patient, unless required to do so by law. Therefore, physicians must comply with legal requirements to report affected patients to appropriate public health authorities.

2. What responsibility does the medical assistant, Mary, have relating to this problem?

Answer - I believe that Amy should have given the record to the physician. However under HIPPA patients have the right to view medical records at the provider’s office. Amy can at administer an HIV test however only the provider can give the patient their results.

3. How might Sherman be encouraged to report his condition to his sexual partners?

Answer - Sherman must cooperate in naming their sexual and needle sharing partners. There is no emphasis on trying to identify the possible source of infection. Knowing HIV status, telling it to his sexual partners, and having them tell you their status before you start having sex may help reduce risky behaviors and lessen the chances of getting or transmitting HIV. Sometimes, though, people don't know, are wrong about, or aren't honest about their HIV status. Partner notification (PN) should be discussed by medical providers with their HIV infected patients, periodically throughout care. The PN regulation prioritizes newly diagnosed persons with HIV for PN activities. Follow-up by PNAP/CNAP staff will occur primarily in these cases. Providers should report partners of newly diagnosed HIV cases using the medical provider report form.

4. Did any ethical or legal violations occur? Please identify and describe.