This has changed with HIV infection. Medical professionals have decided that
physicians with HIV only pose a risk to patients in very limited circumstances,
such as invasive procedures. Even in those situations, many experts believe
that the physician can take various precautions and not subject the patient to
risk. Since these experts believe that there is little risk, they do not believe
physicians have a duty to disclose their HIV status. Most physicians agree, but
more because of the fairness issue: many state laws make it very difficult for a
physician to determine if a patient is infected with HIV. It seems unjust to
make the physician disclose, with the potential of professional ruin, when the
patient, who, in most circumstances, poses a much greater risk to the
physician than the physician does to the patient, can withhold the information.