Health-care workers and HIV screening: Pragmatism or public interest?

Abstract

Patients in hospitals run the risk of infection with serious blood diseases which those treating them invasively may be suffering from. This article explores the extent of the possible criminal and civil liability of health-care workers and hospitals should patients contract HIV during the course of medical treatment and considers whether potential liability in such circumstances justifies the introduction of blood screening of key health-care workers to minimize the risk to the patient. Reference is made to the Department of Health guidance with respect to the spread of hepatitis B within the health-care setting and the public-policy implications of a compulsory blood-screening policy are considered.

Key Words:

• HIV
• hepatitis B
• blood screening
• medical liability
• public policy
• government guidance