AEGiS-APPJ: The Duty to Warn "Dilemma": A Framework for Resolution

Important note: Information in this article was accurate in 1989. The state of the art may have changed since the publication date.

The Duty to Warn "Dilemma": A Framework for Resolution

AIDS & Public Policy Journal 4, no. 3 (1989): 133-141
Richard L. North and Karen H. Rothenberg

In this article, we conclude that the tensions that are seen as surrounding the duty to warn "dilemma" really do not exist and that legislation is not warranted. Rather, we suggest that confidentiality, while highly valued, is not a sacrosanct principle. Public health strategies to control the spread of HIV infection are not inconsistent with traditional, ethical practice. We argue that legal obligations are not in conflict with ethical or professional principles and that there is not an inherent tension between legally enforceable confidentiality and common law obligations to protect others from foreseeable harm. We suggest that professionals must make difficult decisions, on a case by case basis, to reconcile ethical principles and legal obligations. We believe that society has placed a special trust in professionals to resolve these questions with neither the prod of mandatory laws nor the shield of legislated immunity. Finally, we propose a framework for use by professionals in making these difficult and demanding decisions to warn or to maintain patient confidences.
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APPJ894301

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