HIV/AIDS: medico legal issues / Nurjaanah Abdullah
"By the year 2000 AIDS could become the largest epidemic of the century, eclipsing the influenza scourge of 1918 .We are dealing with something that is expanding out of control."l Not only have medical and scientific researchers been frustrated by the mounting tragedy of their inability...
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| Format: | Thesis |
| Published: |
1993
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| Online Access: | http://studentsrepo.um.edu.my/9454/4/HIVAIDS_MEDICO_LEGAL_ISSUES.pdf http://studentsrepo.um.edu.my/9454/ |
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| Summary: | "By the year 2000 AIDS could become the largest epidemic of the century, eclipsing the influenza scourge of 1918 .We are dealing with something that is expanding out of control."l Not
only have medical and scientific researchers been frustrated by
the mounting tragedy of their inability to discover effective
treatments (let alone cure) for this "fiendishly fast-moving"
disease, there also exists no definitive law(s) to cover all
the possible legal issues that will be raised by it.
Therefore, in this thesis it is only possible to explore the
present situation and (hopefully) present tentative solutions
to these problems.
Chapter I gives a brief background and history of the
Human Immunodeficiency Virus (HIV) and the Acquired
Immunodeficiency Syndrome (AIDS) . This discussion is
supplemented by data concerning HIV and AIDS to provide an
overview of the urgency in respect of the current situation .
Modes and implications of HIV transmission have also been
included in this chapter.
1 "Invincible AIDS", Time Magazine, August 3, 1992, No. 31 at
pp 17, 20.
Chapter II focuses on the tests utilised by the
National AIDS Reference Laboratory
Enzyme-linked
for detecting
HIV-antibodies. These are the Immunosorbent
Assay ( ELISA ) , particle agglutination and a supplementa latest .
Consent for testing and the ongoing screening carried out under
the Ministry of Health's Plan of Action for the Prevention and
Control of AIDS are also elaborated .
The impact of the medical and scientific tests defined
in Chapter II are evaluated in Chapter III. In particular , the
various legal consequences and implications of the test for
HIV-antibodies based on such applicable laws as exist in
Malaysia are highlighted. The major and broader areas touched
upon are employment, confidentiality and insurance law . More
specific issues such as those arising out of partner
notification are dealt with in Chapter IV under negligence law,
family law and criminal law.
Chapter V describes and analyses the nature and
application of criminal sanctions that may arise with
references to HIV/AIDS cases. Euthanasia, suicide, murder and
such defences as are available to these offences are
particularly highlighted. More importantly , in this chapter ,
an attempt is made to evaluate the general rationale and
primary purpose of the criminal law and its process . Questions
as to its merits and justifications as an instrument of and for
punishments in HIV/ AIDS situations are raised .
A patient's right to refuse treatment is common l y
recognised and acknowledged. However, when he exercises this
right the medical practitioner and the health care team are
l ikely to be placed in a difficult position. Chapter VI
describes and outlines all the attendant problems t h a t may
arise when this happens . Likewise, when the medical
practitioner or a health care team refuses to treat a patient ,
similar difficulties are encountered . Ethical implications ,
criminal and civil liabilities and medical disciplina r y
proceedings are explored and presented in Chapter VI.
Various tentative conclusions and proposals are set
out in Chapter VII under ( a) legislative intervention, (b )
judicial discretion and public policy and (c) extra-legal
measures which include public education, supportive a ctions ,
good medical practice, family planning, programmes on s exually
transmitted diseases ,
implications .
pre- marriage test and
human rights
This thesis does not attempt to discuss in detail the
complexities of Malaysian and common law as applicable to
HIV/ AIDS situations . It only seeks to broadly appraise the
present state of such laws as may likely affect the various
parties in a HIV/AIDS dilemma. |
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