Discussion of the right of healthcare professions to refuse and the obligation to care for AIDS patients have recently generated considerable interest and dialogue. One component of this issue faced by hospitals is whether or not physicians have the right to refuse to treat AIDS patients. The corollary issue is whether or not physicians and hospitals have the obligation to treat and provide care to AIDS patients. Recent American medical ethical statements may influence future Canadian medical ethical positions for the treatment of AIDS patients. Principles derived from the common law and legislation are also examined.
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References
1.
FoxD.M.1988. The politics of physicians' responsibility in epidemics: A note on history. Hastings Center Report April/May: 5–10.
2.
MorningstarL.1987. Top doctors disagree over AIDS ethics. Edmonton Journal June 9: B1.
3.
American College of Physicians. Health and Public Policy Committee. 1986. Chicago.
4.
American Medical Association. 1987. Report of the American Medical Association's Committee on Ethical and Judicial Affairs. Ethical Issues Involved in the Growing AIDS Crisis. Report A. Chicago: American Medical Association. p. 1.
5.
AnnasG.J.1988. Legal risks and responsibilities of physicians in the AIDS epidemic. Hastings Center Report April/May: 26–29.
6.
Texas Medical Association. 1987. Second Supplemental Report of the Texas Medical Association Board of Councilors. Dallas.
7.
SchwartzH. and GrayA.1987. Can you say no? Can a doctor legally withhold treatment from a patient with AIDS?Mass Med2(5): 39–43.
8.
ArrasJ.D.1988. The fragile web of responsibility: AIDS and the duty to treat. Hastings Center Report April/May: 10–19.
9.
EmanuelE.J.1988. Do physicians have an obligation to treat patients with AIDS?New England Journal of Medicine. 318(25): 1686–1690.
10.
AllenJ.R.1988. Health care workers and the risk of HIV transmission. Hastings Center Report April/May: 2–5.
11.
WittM.D. and WarnerE.I.1986. AIDS and Patient Management: Legal, Ethical and Social Issues. Owings Mills, MD: National Health Publishing.
12.
PicardE.1984. Legal Liability of Doctors and Hospitals in Canada, 2nd ed.Calgary: Carswell Legal Publications.
13.
Alberta Association of Registered Nurses. 1987. Canadian Nurses Association position statement on care of the client with AIDS. AARN Newsletter44(2): 22.
14.
FreedmanB.1988. Health professions, codes, and the right to refuse to treat HIV-infectious patients. Hastings Center Report April/May: 20–25.
15.
Canadian Hospital Association. 1988. HIV-Related Diseases: Guide to Policies for Health Care Institutions. Ottawa.
16.
Arizona M.D.'s can refuse AIDS patients. 1987. American Medical News November:37.
17.
StewartG.1986. The significance of AIDS for physicians and dentists. Health Law in Canada6(4): 89.
18.
Lyons v. Grether (1977) 218 VA, 630.
19.
Stoffman v. Vancouver General Hospital (1988) 2 Western Weekly Reports, 708.
20.
Consumers' Association of Canada. 1974. Consumer rights in health care. Canadian Consumer April: 1.
