Married for four years before learning that her husband had HIV,
Why does such deception always happen?
Recently, there was a deplorable incident. According to media reports, the Shanghai Songjiang court recently heard a case of concealing a major infectious disease before marriage.
According to the news, Shanghai Songjiang woman Wang and Li fell in love soon after they met, and registered their marriage in May 2018, and did not have children for several years after marriage.
From Newsroom
In December 2021, Li was jailed for opening a casino, and during a prison visit, Wang, who is his wife, was told by prison staff that she needed to prepare anti-AIDS drugs for her husband, which made her feel like a lightning strike. Wang said, "After he had an accident and went to prison, I learned that he had AIDS, and at first I thought it was a joke, but he told me that a bad liver is a bad liver, why should he lie to her, and then he really intended to lie to me." ”
After investigation, Li was diagnosed as an HIV carrier as early as 2011, and did not truthfully inform when he got married, Li had been taking anti-HIV drugs before, and in the face of his wife's questioning, he lied that he had liver disease and needed to take routine medication, and his wife did not have suspicions. Therefore, no safety measures were taken in the life of the husband and wife after marriage, and Li did not consider it for his wife and did not take the initiative to take safety measures.
In this regard, Li said, "In the case of taking medicine, my viral load is 0, which is not contagious. ”
Fortunately, after an emergency examination, Wang was negative for antibodies and was not infected with HIV. After the bitter decision, Wang sued Li to the Songjiang court on the grounds that "Li maliciously concealed his serious illness, causing him to make a wrong decision to marry, suffering severe physical and mental damage, and the marriage could not continue", demanding that the marriage be annulshed.
After the court's trial, the defendant Li did not truthfully inform the plaintiff of the fact that he was suffering from a serious illness before the marriage, and decided to annul the marriage between the two parties in accordance with the provisions of the Civil Code.
At this point in the incident, some people attributed Wang's misfortune to not having a marriage test before marriage, but even if he did a marriage test, could Wang avoid marrying Li, who suffers from a major infectious disease?
It is difficult for doctors, should they tell each other about the marriage examination?
The heart of the healer is important
Shan Danxia (pseudonym) is a doctor at the marriage examination clinic of a maternal and child health hospital in Guangdong, and recently, she has had a bad life, and she can describe herself as depressed.
More than a month ago, she screened a male HIV-1 patient in a batch of marriage examination population, 24 years old, after seeing the report, her heart clicked, this is the last thing she wanted, Shan Danxia did not dare to snub, immediately called the man's phone, did not expect the other party to be very calm, said to Shan Danxia, "The CDC has long told me, I just do a marriage test this time to deal with it, this belongs to my privacy, I hope the doctor will not tell my girlfriend, we are about to get married, she attaches great importance to this marriage examination, I think you should know what to say and what not to say, rest assured, I have always taken my medication and the safety measures have been well done. ”
The man hung up the phone without saying much, which became Shan Danxia's heart disease, and after that, she called several times and repeatedly persuaded the patient, hoping that he could tell his girlfriend truthfully.
But in the last communication, the patient made it clear that whoever dared to reveal his privacy would make her look good.
The inability to inform the second person other than the patient of the results of the marriage examination or physical examination is known to all marriage doctors, in addition to protecting the privacy of the patient, the most important thing is to protect the doctor himself, after all, if the patient is angered, it may bring unnecessary doctor-patient conflicts and very serious consequences, which have been many in previous reports.
From CCTV news
In addition, according to Article 62 of the Tort Liability Law, medical institutions and their medical personnel shall keep the privacy of patients confidential. Where patients' privacy is leaked or their medical record information is disclosed without the patient's consent, causing harm to the patient, tort liability shall be borne for infringement.
Patients know this rule, and for their own privacy and interests, they will ask doctors not to disclose their condition to anyone, and patients will even use this as a threat, which is often painful for doctors.
For the results of the marriage examination, the doctor himself can not tell his partner, can only inform the patient alone, if one of the parties has an infectious disease, then can only follow the good way, persuade the patient to confess, but this is difficult, in the actual marriage examination few people will take the initiative to say, which involves complex human nature.
Song Li, director of the Department of Women and Children of the National Health Commission, said that 22 provinces on the mainland, including Beijing, Hebei and Shanxi, have implemented free marriage testing services throughout the province, and the national marriage examination rate has increased from 2.7% in 2004 to 62.4% at present.
The popularity of marriage testing is already very high, its original meaning is to determine the physical health of the two, and then enter the palace of marriage, open the next beautiful, happy, no burden of life journey, if you can not tell your partner, the two people are full of concealment, fraud, what is the meaning of such a marriage test? What is the point of such a marriage?
At present, Shan Danxia has reported the man's illness to the local CDC, since the doctor has no right to inform his partner, then the CDC can only negotiate, not to do this, which is ashamed of her doctor's heart.
After the marriage test, who is more important than the conflict between the right to privacy and the right to know?
As doctors, what should we do?
Patients often talk about privacy, saying that if they disclose it to their partners, it is a violation of privacy, it is a violation of the law, and they will find us trouble, which makes us doctors feel like pins and needles, and we don't know how to be good.
However, the author wants to ask a question, the privacy rights mentioned by patients are the right to know in the eyes of others, and the right to privacy should be protected, is the right to know not protected? This is actually a conflict between the right to privacy and the right to know, how to balance?
We have to understand, why protect the patient's right to privacy? Privacy protection is to gain the trust of patients and to respect patients, and trust and respect are the basis and prerequisite for medical treatment.
Now, the patient's right to privacy and the right to know have a conflict, can only protect one party, more frightening, the patient's privacy will directly infringe on the other party's right to life and health, in this case the right to life and health is the largest and most important, the so-called privacy right in the face of the right to life and health is not worth mentioning at all.
It's like if you know that someone will hurt someone next, but you can't stop it, you can only stare dryly, and the other party has no thoughts and intentions to stop hurting, as a conscientious person, a conscientious doctor, how can we allow such a thing to happen?
Anyway, the author is determined not to allow such intentional injuries to occur again!
In fact, as early as 2003, when men and women register their marriage, they need to hold a premarital medical examination certificate or medical evaluation certificate, otherwise they will not be registered, in this process, both parties can know each other's physical condition at a glance, which is why there have been recent calls for the resumption of compulsory marriage examination and informed of both parties.
In view of the frequent occurrence of "one party suffering from a major infectious disease after marriage examination and maliciously concealing it", during the two sessions in 2019, people's congress deputy Feng Qiya recommended that compulsory marriage testing be resumed nationwide to protect the right of marriage partners to know.
Xu Guodong, a professor at Xiamen University Law School, also said that marriage between individuals is not a private matter, but a national matter related to national public health security and population strategy, so he suggested that people with infectious diseases should be banned from marriage until they are cured.
On March 1, 2021, the newly revised Regulations on HIV/AIDS Prevention and Control in Yunnan Province clearly stipulate that HIV-infected persons and patients should promptly inform their spouses or sexual partners of HIV infection; If the person does not inform him/herself, the medical and health institution has the right to inform him.
However, relevant experts said that the "medical and health institution" here is likely to refer to the CDC, not the hospital, because the hospital can only do initial screening of HIV-infected people, and report to the CDC if there is a problem, and the CDC is also responsible for the diagnosis. In this case, the CDC has a heavy responsibility, how to protect the patient's right to know, the CDC has a lot to do!
So, what do countries around the world do about marriage testing?
At present, in the United States, Canada, Japan, the United Kingdom and other places, marriage testing takes a voluntary form, and the results are known only to the examinee and the doctor, and no one has the right to interfere with whether or not to register. However, in Japan, marriage examination has become a national custom, and Japanese couples often take the initiative to come to the medical examination again when preparing to give birth; In Russia, although voluntary marriage testing is practiced, if one party hides AIDS from the spouse and transmits it to the other party, it can be sentenced to up to 5 years in prison, and Russia's marriage examination policy was once praised by netizens around the world.
Privacy and the right to know are the two most important rights of patients, under what circumstances should they be informed, and how to be informed, is something that doctors are weighing repeatedly, no one tells you what to do, and each doctor's understanding is different, but the author hopes that when such a thing really happens, we can be worthy of our own heart as a doctor and worthy of the health of the people we protect!
Written by | Alaska Treasure
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