Doctors Must Make Medical Decisions Based On A Person's Actual Health, Not Based On Fears, Stereotypes, Says HIV Legal Project at The Legal Center

Doctors Must Make Medical Decisions Based On A Person's Actual Health, Not Based On Fears, Stereotypes, Says HIV Legal Project at The Legal Center

Business Wire - November 5, 2004

DENVER -- The Legal Center for People with Disabilities has filed a charge of disability discrimination against Dr. Paul Cutarelli and Lasik Vision Institute. In its complaint to the Colorado Civil Rights Division, The Legal Center alleges that Lasik Vision Institute and Dr. Cutarelli refused service to an HIV-positive individual solely on the basis of his disability, and did so without performing an individualized health assessment as required by the law.

Since its filing, The Legal Center identified yet another HIV-positive person who faced discrimination from Lasik Vision Institute. The Legal Center alleges that she was denied the Lasik procedure without any examination to determine if her HIV-positive status would affect her qualifications as a good candidate for surgery.

Eric Maxfield, an attorney at The Legal Center, stated: "Lasik Vision Institute and Dr. Cutarelli did not follow established medical guidelines for properly screening candidates for Lasik Surgery. I am gravely concerned that a national company with many thousands of customers, as well as a licensed MD, would be so far behind established medical practice and established law."

The Legal Center for People with Disabilities is a Colorado nonprofit protection and advocacy organization that advocates for people who face discrimination as a result of disability.

FACT SHEET

The Legal Center for People with Disabilities and Older People was established as a nonprofit organization in 1976. The mission of The Legal Center is to protect and promote the rights of people with disabilities and older people in Colorado through direct legal representation, advocacy, education and legislative analysis.

The Legal Center was first designated as the Protection and Advocacy System (P&A) for Persons with Developmental Disabilities in Colorado in 1977. Over time, Congress has enacted legislation establishing Protection and Advocacy Systems for individuals with mental illness, individual rights, survivors of traumatic brain injury, beneficiaries of Social Security, assistive technology, and clients of the vocational rehabilitation system.

The Legal Center programs include:

-- The Protection and Advocacy System for Individuals with Developmental Disabilities: (Established 1977)

-- Protection and Advocacy for Individuals with Mental Illness (PAIMI): (1986)

-- Client Assistance Program: (1987)

-- Colorado Long-term Care Ombudsman Program: (1988)

-- Colorado Legal Assistance Developer for the Elderly: (1988)

-- HIV Legal Project: (1988)

-- Colorado Protection and Advocacy for Individual Rights (PAIR): (1991)

-- Assistive Technology Advocacy Program: (1994)

-- Protection and Advocacy for Beneficiaries of Social Security: (2000)

-- Protection and Advocacy for Survivors of Traumatic Brian Injury: (2002)

-- VOTE! -- Voting Protection and Advocacy System: (2003)

Contacts

The Legal Center for People with Disabilities and Older People

Eric Maxfield, Esq., 303-722-0300 Ext. 234

800-288-1376

041105
BW041103

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