Infectious Diseases and Concerns of Patient: How to Handle? A Fiqhi Discussion

• Main Author: Muhsin, Sayyed Mohamed
• Format: Conference or Workshop Item
• Language: English; English; English
• Published: 2023
• Subjects: BP140 Islamic law (Fiqh)
• Online Access: http://irep.iium.edu.my/105922/1/invitation%20letter.pdf; http://irep.iium.edu.my/105922/3/certif.pdf; http://irep.iium.edu.my/105922/4/PPT%20DH%20HARM%20AND%20MED%20CONF.pdf; http://irep.iium.edu.my/105922/

In order to protect the people who are at risk of serious harm, physicians have the ‘privilege to disclose’ the patients’ private details. With regard to serious communicable diseases, doctors are responsible in protecting individuals who may be unaware and at risk of infection. Individuals’ interest in maintaining their confidentiality of infectious disease is outweighed by public interest in its disclosure, taking into account the otherwise greater harm to a patient and others. Although some infectious diseases, for instance sexually transmitted diseases, are particularly sensitive and private, if they pose life-threating harm, a breach of medical confidentiality is ethical and legally allowed. It is because the physical inviolability of a third party is of higher value than the patient’s confidentiality. In many occasions, the disclosure is crucial for preventing outbreaks of infectious diseases, which as a result save the society from exposure to highly perilous situations and the liability of huge financial burdens. Doctors face ethical dilemmas when their patients insist on concealing infectious diseases from those who are at risk of being infected, such as sexual partners, colleagues and children. By applying various legal maxims relating to harm elimination, the paper draws certain guidelines to prevent, eliminate and minimize the consequent harm in the practice of medical confidentiality on issues related to serious infectious diseases.