Breach of confidentiality
"Dr. Tokugha vs. Apollo Hospital Enterprises"
In the case of Dr. Tokugha vs. Apollo Hospital Enterprises the doctor is suing the hospital for revealing he was HIV positive to his fiancé. The doctor donated blood to the hospital, as a result of donating blood; the blood has to be tested for disease. When the test came back positive the hospital should have told the doctor about the test result, which did not happen. The hospital told the doctor’s, Fiancé to save her from her future husband who didn’t know of his own condition.
As a result of this hospitals action the doctor’s confidentiality was broken. The first law that the hospital broke was not telling the doctor of his condition. The second and most important law that the hospital broke was telling the doctor’s fiancé that he was HIV positive. When the doctor tried to sue the hospital for the wedding that was called off, his embarrassment and for his community shunning him, the supreme court of India stepped in and ruled in favor of the hospital.
The supreme court of India’s reasoning for breaking the confidentiality of the doctor was to save the future bride. When the doctor’s claim was turned down in court the doctor’s legal activist Shobba Agarwal stated that “the judge's statement concerning AIDS as the product of undisciplined sexual impulses shows a lack of AIDS education awareness”.
The Supreme Court of India also made a new law stating that any male that was found to be HIV positive had their right of marriage to be suspended. One of the points that they said they can do this is due to some men would not tell their spouses of the positive HIV test. I do not agree with this new law at all but if they have a right to do this I believe that any woman that is found to be HIV positive should also have their right of marriage be suspended.
There are a couple ways that I can think of the prevent breaking the doctors confidentiality. The first and main point...