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Privacy vs. Health rights- should hospitals disclose HIV status with patients’ partners? An analysis of perspectives on social networking in China
Li Du1; Mingfei Ma2
2018-03-01
Source PublicationMedicine and Law
ISSN0723-1393
Volume37Issue:1Pages:163-174
Abstract

Background Little is known about the role, tone, and nature of social networking cites such as Sina Weibo, a Chinese version of Twitter in discussions of HIV-positive patients’ privacy and their partners’ health rights. To further explore these issues, we focused on a recent lawsuit in China in which Mr. X sued a local hospital for negligently failing to inform him of his fiancée’s HIV-positive status after a medical checkup that resulted in his HIV infection. Methods Using the Sina Weibo’s built-in search tool, we extracted 342 Chinese-language original micro-blogs about Mr. X’s HIV infection case that were posted in the month following January 10, 2016, the date that this case appeared in the news. A content analysis is conducted focusing on the following matters: the attitudes of micro-blog users towards the doctor’s duty to inform Mr. X of his fiancée’s HIV status and the reasons for these attitudes; laws referred by micro-blogs; and micro-blogs’ views on whether deliberate non-disclosure is a criminal offense. Results Approximately half of Weibo users believe the doctor should have informed Mr. X of his fiancée’s HIV status and almost half of them argued that patient’s confidentiality should be compromised. Nearly 25% of micro-blogs were in support of maintaining the confidentiality of the HIV-positive patient and argued that the doctor should not inform Mr. X of his fiancée’ s condition. The conflict of laws were also claimed by Weibo users. Conclusion Weibo users engaged actively discussions on the disclosure of HIV infection. Our study indicates that clear counselling guidelines for HIV/AIDS disclosures should be made available to healthcare providers. Moreover, we believe that healthcare providers should play a role in the assisted HIV partner notification services to protect the partner’s health right especially given that medical examination is no longer required for the registration of marriage in China.

KeywordConfidentiality Hiv-positive Partner’s Health Rights Sina Weibo Social Networking
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000440188200011
PublisherWILLIAM S HEIN & CO
Scopus ID2-s2.0-85046734568
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF GLOBAL LEGAL STUDIES
Corresponding AuthorLi Du
Affiliation1.Faculty of Law,University of Macau,Macao
2.Law School,Dalian Maritime University,Dalian,China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Li Du,Mingfei Ma. Privacy vs. Health rights- should hospitals disclose HIV status with patients’ partners? An analysis of perspectives on social networking in China[J]. Medicine and Law, 2018, 37(1), 163-174.
APA Li Du., & Mingfei Ma (2018). Privacy vs. Health rights- should hospitals disclose HIV status with patients’ partners? An analysis of perspectives on social networking in China. Medicine and Law, 37(1), 163-174.
MLA Li Du,et al."Privacy vs. Health rights- should hospitals disclose HIV status with patients’ partners? An analysis of perspectives on social networking in China".Medicine and Law 37.1(2018):163-174.
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