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Forensic Medicine · Medical ethics: confidentiality and HIV
Sample itemA man known to be HIV-positive plans to marry and has refused to tell his fiancée. In Mr X v. Hospital Z (1998) the Supreme Court considered whether the hospital could inform her. What was held?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
B. Disclosure to the prospective spouse is permitted, since her right to life prevails over confidentiality
In Mr X v. Hospital Z, the Supreme Court held that the duty of confidentiality is not absolute and that disclosure to the person at risk, here the woman he was about to marry, is justified because her right to life under Article 21 outweighs his right to privacy. The disclosure should be limited to the person who needs to know. Confidentiality may also give way to a court order or notification requirements.
Option by option
A. Disclosure is never permitted, since confidentiality is absolute
Confidentiality is not absolute, and the court recognised exceptions.
B. Disclosure to the prospective spouse is permitted, since her right to life prevails over confidentiality (correct)
Correct. A person at serious risk may be told, as her right to life outweighs the patient's privacy.
C. Disclosure is permitted only to the man's employer
Disclosure to an employer is not justified by any risk to life.
D. Disclosure is permitted only to the press
Disclosure to the press has no justification and would breach confidentiality.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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