HIV and AIDS: Legal and Ethical Conduct Essay

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Introduction

The scenario discussed within the frame of the assignment presents the case of a community healthcare nurse who finds out that the boyfriend of her sister is HIV positive. The information that the nurse from the case has access to is confidential, and this is why sharing it with external stakeholders can be considered as a fact of unprofessional conduct. Nevertheless, regarding the health effects of HIV and AIDS, the nurse has substantial reasons to worry about the safety of her sister. The situation seems to be difficult as the nurse needs to act in accordance with ethical standards. On the one hand, all nurses are individuals with their own opinions and goals. On the other hand, becoming a nurse means concluding a social contract that is centered on patients’ well-being (Fowler, 2015). Thus, the nurse in such a situation should protect her relative without violating the patient’s right to privacy.

Main body

If I were the nurse from the given case, I would initiate a conversation with the HIV-positive patient to inform him about his obligation to prevent further HIV transmission. Therefore, I would try to resolve the conflict between “the right to know and the right of privacy” (Milstead, 2016, p. 207). During the conversation, I would inform the patient about his HIV status, focusing on the potential health effects of this condition and the types of contacts that may cause the further transmission of the virus. Apart from that, I would attract his attention to the link between HIV incidence in the state and the unwillingness of HIV-positive individuals to disclose their health status to their intimate partners. The potential consequences of unprotected sexual relationships for his intimate partners would be the main focus of the conversation that I would initiate. Having explained the threats that exist for the partners of HIV-positive individuals, I would encourage the patient to disclose this information to his girlfriend prior to the next sexual contact in order to avoid HIV-related legal issues.

Not acting based on one’s personal interests can be a difficult task. I would take the above-mentioned measures to make the patient understand that he is responsible for the health of his sexual partners because he is aware of his HIV status. Even though I would like to talk with my sister directly to make her aware of the situation, it would not be an appropriate option. In fact, it is anticipated that health professionals do not possess information concerning the sexual life of their patients and their intimate partners to protect the dignity and privacy of healthcare consumers (American Nurses Association, 2015). Based on the limitations related to patient privacy, healthcare specialists can reveal the HIV status of their patients if the latter refuse to minimize the risks for their partners.

The decision to disclose the information to the patient’s partner would not align with the principle of patient privacy. However, patient confidentiality is not absolute in certain cases related to STD diseases (Fowler, 2010). Discussing the legal consequences of the situation would be critical. According to the laws of New Jersey and some other states, individuals diagnosed with sexually transmitted diseases commit a criminal act if they fail to inform other people about existing risks prior to engaging in sexual relationships (Mince-Didier, n.d.).

Conclusion

In the end, the use of the strategy focused on informing the patient about the consequences of his actions does not disagree with the existing laws and ethical standards in nursing. Sexually transmitted diseases have grave health effects. With that in mind, their carriers are obliged to disclose the information on their health status prior to engaging in physical relationships. In their turn, healthcare specialists should encourage them to obey the law.

References

American Nurses Association. (2015). Nursing: Scope and standards of practice. Web.

Fowler, M. D. M. (2010). Guide to the code of ethics for nurses: Interpretation and application. Silver Spring, MA: ANA.

Fowler, M. D. M. (2015). Guide to nursing’s social policy statement: Understanding the profession from social contract to social covenant. Silver Spring, MA: ANA.

Milstead, J. A. (2016). Health policy and politics: A nurse’s guide (5th ed.). Burlington, MA: Jones and Bartlett Publishers.

Mince-Didier, A. (n.d.). Web.

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IvyPanda. (2021, June 27). HIV and AIDS: Legal and Ethical Conduct. https://ivypanda.com/essays/hiv-and-aids-legal-and-ethical-conduct/

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IvyPanda. (2021) 'HIV and AIDS: Legal and Ethical Conduct'. 27 June.

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IvyPanda. 2021. "HIV and AIDS: Legal and Ethical Conduct." June 27, 2021. https://ivypanda.com/essays/hiv-and-aids-legal-and-ethical-conduct/.

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IvyPanda. "HIV and AIDS: Legal and Ethical Conduct." June 27, 2021. https://ivypanda.com/essays/hiv-and-aids-legal-and-ethical-conduct/.

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