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Medico Legal Aspects of Aids

Knowledge of the ethical aspects of being HIV/AIDS positive is essential for all physicians and health professionals. The ever-increasing incidence of AIDS, particularly in developing countries in Africa, South and South-East Asia, has made it necessary to study all aspects of the disease in order to develop and implement effective preventive measures. To underscore the urgency of effective prevention, it is wise to summarize a few statistical facts. Since the beginning of the pandemic, nearly 30 million people are estimated to have been infected with HIV, 26.8 million adults and 2.6 million children. Of these, an estimated 5 million adults and 1.4 million children died [1]. 42 per cent of HIV/AIDS-positive adults are women. Another worrying trend is that the majority of newly infected adults are under the age of 25. The Indian scenario is more troubling than the world`s. HIV is spreading rapidly in parts of India. By the year 2000, it is estimated that about 7 million HIV-positive cases will occur in India alone, or 1/6 of all HIV cases worldwide. In short, the confidentiality of a patient`s HIV status must be maintained by the physician, except in exceptional circumstances. These exceptions are: disclosure with consent; or in the best interests of the patient; in accordance with a court order or other legally enforceable obligation and in very limited circumstances where the public interest so requires.

However, these ethical codes have no legal value and will be interpreted on a case-by-case basis. Although it is noted that the high-risk groups have remained the same since the beginning of the epidemic, there is a growth of the heterosexual epidemic in Southeast Asia. Since an epidemic cannot be effectively tackled unless the social inequalities it reveals are eliminated, it is essential to study the medico-legal aspects of AIDS, including the social aspects. Fittingly, World AIDS Day 1995 was commemorated on 1 December under the slogan “The HIV/AIDS pandemic; Shared rights, shared responsibilities [2]. The threat of unlawful physical violence against the person (bodily harm) or the use of such force (assault) may give rise to an action for damages, unless the touch is negligible. Any medical treatment, including examination and diagnostic procedures, is a potential battery without consent, necessity or legal sanction. Physicians also owe a duty of care to their patients and are liable for negligence if they do not properly obtain consent from their patients for medical treatment. A doctor who treats a patient without consent may also be subject to professional disciplinary proceedings before the General Council of Nursing, the body legally responsible for regulating the practice of medicine. Shamim Riaz aka Anni completed her intermediate education in pre-medicine from Government Girls Post Graduate College Kohat. She is currently studying law at Fatima Jinnah Women`s University in Rawalpindi. She is from Khyber Pakhtunkhwa province in Pakistan. She is interested in people`s well-being and decided to study law to use it for people`s well-being, believing that lawyers can raise their voices when others are afraid of them, and can advocate for the betterment of people and the rights of individuals.

Therefore, she participated in the GIC to highlight the problems of AIDS patients and show that this problem should be solved not only medically, but also legally. Samia Hasnat completed her intermediate degree in pre-engineering from the Punjab Group of Colleges, Pins Dadan Khan. She is currently studying law at Fatima Jinnah Women`s University in Rawalpindi. She is from the Dadan Jhelum Pins district. It is strongly motivated by the idea of empowering women and other vulnerable groups in society, with the aim of contributing to the growth of humanity. She participated in the tournament on September 6. GIC to raise awareness of the medical and legal aspects of HIV/AIDS. In this article, we intend to draw the attention of the medical community to the rights of people living with AIDS and HIV, in particular various aspects of the right to confidentiality; The doctor-patient relationship – ethical aspects – and the existing and proposed legal status of HIV/AIDS status in our country. HIV/AIDS status has been the most discussed disease of this century. There are many reasons for this, namely the unavailability of the cure and the resulting 100% mortality from a full-fledged case; its mode of transmission – homosexual and heterosexual activities; widespread presence among “main ocean liners”; and patients receiving blood and blood products, etc. These aspects have created a dreaded halo around AIDS as well as social stigma. Even the medical community is not exempt from these problems.

Unfortunately, legislators around the world, particularly in India, are slow to clarify many legal issues by not enacting specific AIDS laws. As a result, many legal and ethical doubts arise in the minds of doctors when confronted with a case of AIDS, whether in a living patient or in a corpse. In addition, since the disease is incurable and 100% deadly, it is essential to take effective preventive measures, which require a thorough knowledge of the social aspects of the epidemic. Some medico-legal and ethical aspects of the AIDS problem are summarized in this article for the medical community. DOI link for medico-legal aspects of HIV infection and disease The aim of this research is to shed light on the fact that the AIDS/HIV pandemic requires a unique and truly global response. AIDS cases are rising steadily worldwide, affecting both advanced countries such as the United States and developing countries such as India and Pakistan. Despite technological advances, the modern world is not prepared to deal with this rapidly spreading disease, the final cure for which is not yet known. AIDS is a serious medical problem that, because of its prevalence and complexity, affects many aspects of our lives and also leads to legal problems. In addition, discrimination against HIV patients makes the situation so critical that medical care and health facilities are not adequately provided to them. The law can prevent these things by acting as a barrier to HIV, but unfortunately, legislators almost everywhere are lagging behind in passing specific laws to prevent AIDS. Hiffsa Bibi has completed her intermediate program in pre-engineering.

Today, she studies law at Fatima Jinnah Women`s University. She is from Rawalpindi. She is interested in social welfare. She has participated in numerous debate competitions. She also participated in GIC to highlight the medical and legal aspects of AIDS. She chose the law for the betterment and well-being of society. Physicians have an ethical obligation to maintain confidentiality even after the patient`s death. The following guidelines are useful for revealing HIV status in autopsy reports [4]. Physicians have a primary duty to society when the benefits of disclosure outweigh the harms.

(ab) Given the uncertain and prolonged incubation period, quarantine laws have not been enacted anywhere. Although English and American laws differ in the requirement of the type of consent, it is advisable to have informed written consent. Under English law, consent is considered informed as long as all the questions answered by the patient. If the patient does not ask about the type of tests performed, etc. The doctor is not obliged to inform him. But U.S. law requires that all consents be fully informed, even if the patient does not need clarification. But even in places where UK law applies, failure to inform the patient of the nature and effects of the treatment and blood test can make the doctor liable for medical negligence. From an ethical point of view, the physician is obliged to inform the patient of the nature and purpose of any proposed treatment and test, as well as the risks and effects thereof. However, the details of the information that needs to be given to the patient depend on the clinical assessment of the case. The scale used is based on what responsible medical advice in the area concerned should have been carried out in the same circumstances (Bolam test).