Informed Consent
Personal HCP Information
The Canadian courts have not yet addressed whether there is a point at which the patient's right to know outweighs the HCP's right to privacy.
Discussion of this issue has focused on blood borne infections such as hepatitis and HIV.
Are physicians under a legal obligation to disclose the fact that they have a blood borne infection to their patients?
Faya v Almaraz (Maryland Court of Appeals) held that a doctor who is HIV positive must disclose this fact to his patients.
Also held that damages can be awarded to the patient, even if the patient was not exposed to infection, for emotional distress.
In Canada it is likely that a "reasonable person in the patient's position" would wish to be informed if their surgeon was HIV positive, even though the risk of transmission would be very remote.
