Topic > Ethics and Law in Dental Hygiene: Case Studies 16 and 17

Case 16This case presents a very delicate situation that presents many legal and ethical issues. Do you tell your brother that his partner has HIV? I would tell my brother, but how and when may vary based on circumstances. From a professional ethical perspective, it would be unethical to reveal a patient's HIV status without consent. It would violate the patient's right to confidentiality, as it is the patient's choice with whom to share information (Beemsterboer, 2010, p. 50). It could also be argued that this is a violation of the principle of non-maleficence. Providing the patient's HIV status to individuals not bound by HIPAA exposes the patient to the risk of discrimination. This could cause mental anguish or psychological problems, therefore, essentially, harm the patient. The most popular application of nonmaleficence is: “No harm should be inflicted” (Beemsterboer, 2010, p. 42). This would overcome the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is a professional ethical principle that I would say is applied. This is the principle of paternalism, according to which healthcare professionals should do what they think is best for the patient based on their abilities and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with her brother and did not inform him of her HIV status, she could be arrested for reckless endangerment under Pennsylvania law. A case in which an HIV-positive person did not disclose their status to their sexual partner was brought to the Pennsylvania Superior Court. Under Pennsylvania law, “Disclosure of HIV status is an advocacy action…… half of document……w in Dental Hygiene (pp. 39-53). St. Louis, MO: Saunders Elsevier.Commonwealth of Pennsylvania State Board of Dentistry. (2012, September). Section 4.1 Reason for refusal, revocation or suspension of license or certificate. In the law on dental law of 1 May 1993, PL 216, n. 76 Cl. 63. Harrisburg, PA, USA: Pennsylvania Department of State. Hanson, J.R. (n.d.). Fraud or confusion? RDH Journal, 19(4). Retrieved 315, 2014, from http://www.rdhmag.com/articles/print/volume-19/issue-4/feature/fraud-or-confusion.htmlSmith, A. (2013). How NOT to commit dental insurance fraud! Retrieved from Amy Smith Consulting LL.: http://www.amysmith.biz/tip-of-the-month/2013/6/25/how-not-to-commit-dental-insurance-fraud.htmlPublic Policy Violations . (2007). Retrieved from Wrong Resolution: http://www.wrongfultermination.com/index.php?option=com_content&task=view&id=66