Criminalization of HIV transmission: can doctors be liable for the onward transmission of HIV?

被引：8

作者：

Chalmers, J ^{[1
]}

机构：

[1] Univ Aberdeen, Sch Law, Old Aberdeen AB24 3UB, Scotland

来源：

INTERNATIONAL JOURNAL OF STD & AIDS | 2004年 / 15卷 / 12期

关键词：

HIV; sexually transmitted diseases; criminal law; liability; legal; confidentiality;

D O I：

10.1258/0956462042563729

中图分类号：

R392 [医学免疫学]; Q939.91 [免疫学];

学科分类号：

100102 ;

摘要：

The English Court of Appeal has recently confirmed that the reckless transmission of HIV can amount to a criminal offence, following on from a similar development in Scotland in 2001. This development has led to some concern as to whether doctors could, in certain circumstances, themselves be liable for the onward transmission of HIV by a patient. This article reviews the current scope of the criminal law, before considering the law on liability for onward transmission in the UK. It concludes that civil liability (liability in damages) for onward transmission will be imposed only in unusual cases, and probably only where a doctor has failed to discharge his or her duty of care towards one of his or her own patients. Criminal liability is perhaps theoretically possible but exceptionally unlikely.

引用

页码：782 / 787

页数：6

共 14 条

[1] [Anonymous], CONF PROT PROV INF
[2] ASHWORTH A, 2003, PRINCIPLES CRIMINAL, P47
[3] BUNYAN N, 2004, DAILY TELEGRAPH 0110, P8
[4] *CAN IHV AIDS LEG, 1999, CAN CRIM CAS
[5] The criminalisation of HIV transmission
Chalmers, J
[J]. JOURNAL OF MEDICAL ETHICS, 2002, 28 (03) : 160 - 163
[6] CHALMERS J, 2001, JURIDICAL REV, P259
[7] *GEN MED COUNC, 1997, SER COMM DIS GUID DO
[8] GRUBB A, 1990, BLOOD TESTING AIDS D, P48
[9] Grubb A, 1997, MED LAW REV, V5, P250
[10] Oral sex and HIV transmission
Hawkins, DA
[J]. SEXUALLY TRANSMITTED INFECTIONS, 2001, 77 (05) : 307 - 308

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