ADA does not protect surgeon who has HIV and wants to operate. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

ADA does not protect surgeon who has HIV and wants to operate. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Jan 13;9(24):1-2. Unique Identifier : AIDSLINE AIDS/95700032

Abstract: A U.S. District judge has ruled that a Philadelphia hospital did not violate Federal law in suspending Dr. Paul Scoles, an HIV-infected surgeon. The judge dismissed key parts of the lawsuit filed by Dr. Scoles against Mercy Health Corporation of Philadelphia, and upheld the right of the hospital to force Dr. Scoles to tell prospective patients of his HIV-positive status. The judge dismissed Scoles' claim that the hospital discriminated against him because of his disability, but sent to trial his claim that Mercy Health Corporation had destroyed his chances of obtaining non-surgical referrals. This is the first case of this kind to be brought under the Americans with Disabilities Act (ADA). The judge said that even if the threat of exposure is exceedingly low, it is present whenever Dr. Scoles performs surgery. Dr Scoles' attorney, Catherine Hanssens of the Lambda Legal Defense and Education Fund, feels that the decision increases unsubstantiated fears about people living with HIV and violates the ADA and the Rehabilitation Act of 1973.

Keywords: Civil Rights/LEGISLATION & JURISPRUD *Confidentiality Disabled/*LEGISLATION & JURISPRUD Duty to Warn/*LEGISLATION & JURISPRUD Employment Hospitals Human HIV Infections/TRANSMISSION *HIV Seropositivity Pennsylvania *Physicians Risk Surgery Truth Disclosure NEWSLETTER ARTICLE
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