TY - JOUR T1 - HIV status: the prima facie right not to know the result JF - Journal of Medical Ethics JO - J Med Ethics SP - 100 LP - 103 DO - 10.1136/medethics-2015-103213 VL - 42 IS - 2 AU - Tak Kwong Chan Y1 - 2016/02/01 UR - http://jme.bmj.com/content/42/2/100.abstract N2 - When a patient regains consciousness from Cryptococcus meningitis, the clinician may offer an HIV test (in case it has not already been done) (scenario 1) or offer to tell the patient his HIV status (in case the test has already been performed with a positive result while the patient was unconscious) (scenario 2). Youngs and Simmonds proposed that the patient has the prima facie right to refuse an HIV test in scenario 1 but not the prima facie right not to be told the HIV status in scenario 2. I submit that the claims to the right of refusal in both scenarios are similarly strong as they should both be grounded in privacy, self determination or dignity. But a conscientious agent should bear in mind that members of the public also have the right not to be harmed. When the circumstance allows, a proper balance of the potential benefits and harm for all the competing parties should guide the clinical decision as to whose right should finally prevail. Where a full ethical analysis is not possible, the presumption should favour respecting the patient's right of refusal in both scenarios. ER -