Case Scenario: HIV AUTONOMY AND CONFIDENTIALITY
Jones, a divorcee with two children, was sentenced to 10 years in prison for repeated robberies of three banks. He was in prison for 8 years. His wife, Nora, disappeared shortly after he was sentenced. Five of his close inmate friends at Sing Prison had tested positive for the HIV virus and had since passed away. Prison officials wanted to test Jones for the HIV virus. He objected and sought legal counsel. Local school officials were informed of the deaths of Mr. Jones's friends and his refusal to be tested for the HIV virus. Strangely, the community at large became aware of Jones's situation and the fact that his children were attending school with their children. The parents insisted that the Jones kids be removed from school or else they would remove their children from class. Meanwhile, Nora showed up at a local navy recruiting station posing as a single woman with no children. She admitted to being bisexual several years earlier but claimed that she was now straight. The navy learned of this situation and required her to undergo HIV testing. She objected and sought legal counsel.
Ethical and Legal Issues
1. What are Mr. Jones's rights?
2. What are the rights of other prisoners?
3. What are the rights of the children?
4. What are the rights of the parents?
5. Is there a legitimate need for a physician to disclose otherwise confidential testing data to the spouse and other intimate sexual partners of an HIV-infected patient?