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Loading ...HIV positive woman sues, alleging she was denied surgery
02.12.2009 4:15pm EST
(Milwaukee, Wisconsin) A federal lawsuit was filed Thursday by a Wisconsin woman who alleges she was denied surgery to remove her gallbladder because she has HIV.
Melody Rose, 35, is represented by Lambda Legal and the AIDS Resource Center of Wisconsin. The lawsuit names Dr. Steven Cahee, Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic.“Discrimination in healthcare remains a major problem for people living with HIV,” said Peter Kimball, Director of the Legal Services Program at the AIDS Resource Center of Wisconsin.
“In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
The court papers say that Rose experienced health problems with her gallbladder while incarcerated at Taycheedah Correctional Institution in Fond du Lac. Ultimately, her physician referred her to Dr. Steven Cahee at the Fond du Lac Regional Hospital to have her gall bladder removed.
The court filing alleges that Cahee refused to perform the surgery after learning Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Rose’s gallbladder in a laprascopic procedure, which is considered routine surgery.
“Dr. Cahee’s actions fly in the face of ethical behavior for a medical professional,” said Scott Schoettes, Staff Attorney with Lambda Legal’s HIV Project.
“Long ago, the Centers for Disease Control and Prevention established that using universal precautions — which are required in all sorts of medical situations, including surgeries — makes it extremely unlikely for the virus to be transmitted in this setting.”
The complaint filed today alleges that the defendants violated four different state and federal laws.
The complaint also alleges that the defendants violated the Americans with Disabilities Act and its state law counterpart, which both prohibit disability discrimination by places of public accommodation (including healthcare providers); the Rehabilitation Act, which requires recipients of federal financial assistance not to discriminate against people with disabilities; and a Wisconsin law addressing HIV discrimination specifically, which forbids healthcare providers from denying services to people (or humiliating and degrading them) based solely on their HIV status.
The health center has not commented on the suit.
Troy… I don’t think you’re a bigot. I think you are ignorant. HIV is so hard to transmit… It dies as soon as it touches oxygen. Learn your facts. Any doctor who refuses medical services to an HIV positive patient is ignorant, and needs to do some research. Imagine if you were your uncle, I live with things like this every day. I cannot get a tattoo because people are afraid to get HIV just by touching my blood… Which is RIDICULOUS unless you have an open wound, and it would take quite a bit of blood transfusion to even infect that person… I agree, GET EM GIRL!
Tom, it seems that more than love for your unky you feel pity. Read a little and deal with your ignorance.
Troy, you are so behind the times. I have been HIV positive for 22 years and I have had quadruple bypass open heart surgery in 2004. There’s nothing to be afraid of. In fact, the heart surgeon never even questioned the fact that I was HIV positive.
I know the CDC has made this statement about universal precautions but if i were a doctor i would refuse to do this too. i’d be too scared too. i have a poz relative. one time i used his razor before i found out and i freaked. since he’s so immunodeficient we keep all our stuff separate cause he’s always sick with somethin. i love my unky but i wouldnt perform surgery on him either and there is nothing humiliating about it. maybe i’m a pussy maybe you think i’m a bigot. but would you want a nervous hand slicing you up anyways? besides a nervous hand would make me likely to get hiv. he should not be punished. we should try and match them up with poz doctors for harm reduction
As retired physician who admitted and treated HIV from l984… go get ‘em!! Completely wrong, should pull license.PERIOD.