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Forced HIV-testing: a blessing for the physician or a worst case scenario for the patient?
1Legal Advisor Board of Directors, University Medical Centre Utrecht, The Netherlands.
Abstract:
A ruling by the Court of Appeal in Amsterdam on 18 April 2002 has emphasized that a patient not only has rights but also responsibilities. The issue was whether a physician can violate his medical confidentiality in the patient-doctor relationship as a result of fear of infection with the HIV-virus after an accidental cut during surgery. The aim of the physician was for the award of his claim that the patient be forced to take an HIV-test. The ruling by the Court of Appeal has been noted by health lawyers and has been received positively (not unexpectedly) by the medical profession.
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