Multiple choice

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle 1: A doctor is to keep the information given by the patient in strict confidence and cannot provide the information to any party. Principle 2: Information in public interest cannot be withheld. Fact: A, a medical practitioner from Assam came to a hospital in Madras due to serious illness. The hospital authorities after detailed investigation found that A also suffers from HIV. After the treatment for the disease which was cured, (not the HIV) A went back to Assam. A marriage proposal between A and B was being considered. B after coming to hear from some anonymous sources asked the hospital authority of Madras to inform her about the real situation as to whether A is suffering from HIV. The hospital authority after understanding that, B was going to marry A and therefore ought to know about the health conditions of A, disclosed the information to B. A files a suit for realization of compensation of Rs. 5 lakhs against the hospital authority of Madras.

  1. The hospital authority has to pay Rs. 5 lakhs or any other amount decided by the court.

  2. The hospital authority is justified to disclose the information to any one interesting to know the information.

  3. The hospital authority is justified in giving the information only to b and not to make the information public otherwise.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The correct course of action in such a case should have been for B to approach A himself to seek clarifications as to his health status.  Only then should she have approached the hospital. As regards the hospital, it is duty bound to keep medical information of patients confidential unless public interest (as is not the case here) justifies disclosure.

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