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[Diagnosis of HIV infections in legal regulations]

Czesław Zaba1, Zbigniew Zaba, Aneta Klimberg

  • 1Katedry i Zakładu Medycyny Sadowej, Akademii Medycznej im. Karola Marcinkowskiego w Poznaniu.

Archiwum Medycyny Sadowej I Kryminologii
|June 19, 2007
PubMed

The study aimed at presenting current legal regulations associated with the management of patients suspected of being infected with HIV. Diagnostic management of infections with HIV represents a complex issue that is associated with several problems, not only of a legal, but also practical character. Drawing a blood sample from the patient and its testing for HIV results in infringement of the patient's privacy, and the latter is legally protected. Before conducting the test for HIV infection, the doctor is obliged to obtain the consent of the patient and, when the result is available, he should inform the individual in question and provide recommendations, as recommended by WHO. The patient has the right to be tested anonymously. Blood samples for HIV detection may be collected without the patient's consent in cases of obligatory tests performed as an element of a disease prevention program, in individuals who are charged with or convicted of a crime, or in case of a medical treatment. Unlawful activities result in infringement of the patient's right to self-determination and constitute acts against his/her interests.

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