This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.
Note, Hey Doc, Can You Keep a Secret - An Ohio Physician's Right to Warn Third Parties That They May Be at Risk of Contracting HIV, 6 J.L. & Health 199 (1991-1992)