Legal Question in Legal Ethics in Maryland
D. Patient Comfidentiality, Can it be broken
I found out in May of 2003 that my partner of 17 months was hiv positive, his psychriast and therapist had working knowledge that he and i were have unprotected intercourse, he had lied tome the entire time we were together by telling me on three seperate occassions that he was hiv-, i already have plans for him, but what i want to know is, that i was told that it is considered ''attempted murder'' for an hiv+ person to have unprotected intercourse with and hiv- person without telling him/her.
What i really want to know was it ethical for his Dr. to break the Dr. patient confidentiality agreement if he has working knowledge that a patient of his has had, and was commiting a felony.
I want to know this for a personal law suit against themand the hospital/clinic he is a patient of.Any help anyone can give me would be grealty appreciated. And please don't call me, he and i are not together anymore but he still temporarily living in my house.
Thank You.
1 Answer from Attorneys
Re: D. Patient Comfidentiality, Can it be broken
Civil and criminal code is separate. Maryland prohibits the willing transfer of infectious disease and violation is subject to a fine not exceeding $500 or imprisonment not exceeding one year or both. Malicious intent may bring the maximum penalty. The State's Attorney may be reluctant to bring action but you should make an appropriate complaint. The behaviour of this individual is reprehensible and needs to be stopped immediately.
Under Maryland law a physician who has reason to suspect that a patient under care has a contagious disease shall make a report to the health officer of the county where the care is provided to the patient. This disclosure is expressly for the purpose of preventing the spread of the disease. The same is required of institutions. There are specific requirements of reporting that apply to the physician and/or institution.
A civil action may lie in addition to all that is stated above. A civil action may be based on several grounds, most noteworthy is a battery.
It appears to me that you require the assistance of an attorney. Please contact me at your earliest convenience to discuss moving forward.
Joe Holthaus
(410) 799-9002
(410) 619-5918 (voice)
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