Laura Lin, MBA, JD and Bryan A. Liang, MD, PhD, JD
Physicians are obligated to follow the law regarding HIV reporting and contact notification in the state where they practice while also being sensitive to the impact that disclosure has on individual patients.
Volk v DeMeerleer may conflict with professional guidelines regarding physicians’ obligations to breach patient confidentiality to protect third parties.
AMA J Ethics. 2018;20(1):10-18. doi:
10.1001/journalofethics.2018.20.1.peer2-1801.
Amy Barnhorst, MD, Garen Wintemute, MD, MPH, and Marian E. Betz, MD, MPH
When mandatory reporting of risk of violence is not required, physicians should balance patient autonomy and beneficence with patient and public safety.
AMA J Ethics. 2018;20(1):29-35. doi:
10.1001/journalofethics.2018.20.1.ecas1-1801.
A requirement to uphold the confidentiality of information shared in the physician-patient relationship is a central tenet of medical professionalism that, while at risk and undermined in various ways in modern medicine, has been consistently endorsed from the time of Hippocrates.
The combination of low HIV literacy on the part of older adults and health care professionals’ assumption that they are at low risk leads to insufficiently early testing for HIV and late diagnosis.
Determining the severity of a breach of medical privacy, and therefore whether or not it will be reported to the US Department of Health and Human Services, by the patient's reaction puts the hospital's interest in avoiding reporting breaches above the patient's best interests.