Project #15872 - Rebuttal statements

Write rebuttal statements to each position statement. Include research. Each should be 150-250 words. 

1.  AIDS as a pandemic: Consider global ethical issues and the AIDS pandemic, its lethality, and rates of infection in Africa or other third-world countries, and therapies that exist.

 The United Nations and the United States should provide HIV/AIDS treatment and awareness to developing nations because the UN and U.S. have the resources, programs, and moral duty to help those countries in need. Programs such as the President’s Emergency Plan for AIDS Relief (PEPFAR) or the Global Fund for AIDS are working to strengthen developing countries’ capacities to respond to HIV/AIDS as part of a broader set of global health priorities ("Hiv/aids monitor: Center," 2012).

2.  Being engaged to an HIV positive individual, I understand that judgment and discrimination comes from anywhere and everywhere. However, an individual with HIV is no different than anyone else in reference to right to privacy. The patients Protected Health Information (PHI), is protected by HIPAA and should not be released to anyone other than the patient unless by the patient, I believe this should also include the CDC. Even though the CDC is a government agency used to protect the public, they do not protect the individual’s right to privacy.  The CDC has gained this right to invade a patients PHI through an amendment to HIPAA which states “PHI can be disclosed to public health authorities and their authorized agents for public health purposes including but not limited to public health surveillance, investigations, and interventions.” Even though it is legal, I believe the invasion of PHI is wrong in any circumstance. Furthermore, I do believe that the patient themselves does have a duty to warn the people they have been sexually active with or intend to be sexually active with. I feel that this just comes from a courtesy for other and should come when the patient is comfortable talking about it.  Additionally, I do not agree that there should be a national registry because it invades the patient’s privacy rights.

3.  AIDS as a pandemic: Consider global ethical issues and the AIDS pandemic, its lethality, and rates of infection in Africa or other third-world countries, and therapies that exist.

The controversy that exists concerning clinical drug trials is the fact that it is a test on a drug of which the side effects are not completely known. A small group of people begin to take the drug and side effects are determined. Due to the risk, that is why many patients do not participate. Some are fearful of the unknown while others are willing to take the risk. If no one is harmed, then it is tested by more people and so on until the drug is marketable. Clinical trials can also be very selective and have stringent regulations for acceptance. 

The United Nations and United States have a large obligation to providing treatment for AIDS in third world countries. Through the Presidents Emergency Plan for AIDS Relief (PEPFAR), the Joint United Nations Program on HIV/AIDS was created. This global response seeks to prevent the transmission of HIV/AIDS, provide care and support, reduce individual and community vulnerability to HIV/AIDS and mitigate the impact of the epidemic (Joint United Nations Program, 2012).

4. ?Medical ethics states a right to privacy is “an individual or group has privacy in a situation with regard to others if and only if in that situation that individual or group normatively protected from intrusion, interference, and information access by others”. A physician must keep his patient’s confidentiality or could face malpractice or breach of duty. Individuals with HIV have the same right to confidentiality as others, and there may be state statutory laws regarding duty of confidentiality in cases of HIV. These individuals can be protected with laws in place, such as Florida’s Omnibus Act. The community can also be protected if the health care provider informs the patient before testing that they are required to report positive test results to the county health department. Health care providers must report HIV/AIDS cases to state public health authorities.

If a physician has a patient who is HIV/AIDS positive and the patient’s partner is also a patient of the physician, then the physician has a duty to warn the partner. Also the physician does not have a legal duty to warn but does have a privilege duty to warn third parties if a statutory law allows it. I think a national registry should not be established for people with AIDS because that would seem like public shaming. There is already a law that requires physicians to report a patient’s name if they test positive for HIV/AIDS. A physician can override the patient’s privacy to protect the public.

Subject Medicine
Due By (Pacific Time) 11/02/2013 04:00 pm
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