Dr Vincent is a doctor at Langa Day Hospital. He has a patient called Themba who is HIV-positive. Dr Vincent tells two other doctors about Themba’s HIV status. Themba is very angry about this. He believes Dr Vincent should have kept his HIV status confidential. Themba wants to take action against the doctor.
WHAT DOES THE LAW SAY?
Doctors, nurses and other medical professionals have a legal and moral duty to keep information about a patient confidential. (See Confidentiality)
WHAT CAN YOU DO?
You can refer Themba to a lawyer who will make a civil claim on his behalf against the doctor. (See Steps in a civil claim in a magistrate’s court) You can also help Themba draw up an affidavit complaining about the doctor’s conduct. Send the affidavit to the Health Professions Council of South Africa (HPCSA) (See Affidavits) (See Resources: Health Professions Council of South Africa (HPCSA)