legal & ethical

This essay is based on a case scenario and will critically analyse the ethical dilemmas that health and social care practitioner’s encounter with regards to: implications of consent, disclosure of personal information and maintaining patient confidentiality. The legal aspects of the scenario will be discussed in relation to the breaching of confidentiality and how the Data Protection Act (1998) can conflict with other legislation intended to protect patient’s rights. In addition it will identify the consequences of non-disclosure in comparison to disclosure without consent, whilst adhering to the General Medical Council (GMC) guidelines. Finally it will explain the scenario from a utilitarian viewpoint as well as deontological perspective. Please refer to appendix for case study.
In the case scenario, Dr Gomez’s patient Bob is diagnosed with Human Immunodeficiency Virus (HIV), and has been advised to inform his partner Sue of his condition. Sue is seven months pregnant with their first child. However, on a subsequent visit to the clinic, Bob has indicated he has not notified his partner or previous sexual partners of his HIV status. Dr Gomez once again tries to persuade Bob to divulge his condition, he emphasises the importance of Sue being tested for HIV, and just as importantly the necessity to assess whether the baby is at risk. Meanwhile however, Bob is still adamant he will not notify Sue and says that if his HIV is disclosed to her without his consent he will discontinue his course of treatment, which he began on the previous visit.
There are guidelines and legislation in place to assist the health and social care professional in making decisions. The law (GMC, 2001) states doctors are legally committed and duty bound to maintain their patient’s confidentiality. In this scenario the doctor is presented with both an ethical and legal dilemma. According to Sussex et al (2008) an ethical dilemma arises when there is no clear solution to a problem.