Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Judge: Not Assigned
Court: United States District Court for the Eastern District of Michigan (Wayne County)
Plaintiff's Attorney: United States District Attorney’s Office
Description: Detroit, Michigan ADA lawyer represented Defendant, Great Lakes Surgical Associates, which was accused of violating the Americans with Disabilities Act (“ADA”) as well as other federal civil rights laws when it refused to treat a patient because the patient was HIV-positive.
The ADA prohibits places of public accommodation, such as medical offices, from discriminating against individuals with disabilities. Denying an individual the opportunity to participate in or benefit from the services of a medical office is one form of discrimination prohibited by Title III of the ADA.
“Individuals living with HIV have a right to access medical treatment, and should not be discriminated against because of their medical condition. The Americans with Disabilities Act ensures such access by requiring doctors to make decisions based on an individual’s medical needs, not on stereotypes or assumptions. We appreciate Great Lakes Surgical Associates willingness to work with our office to resolve these allegations.” said Acting U.S. Attorney Saima S. Mohsin.
Under the settlement agreement, Great Lakes Surgical Associates has agreed to pay money damages to the patient and to revise its policies and train its staff to ensure compliance with the ADA.
Outcome: The settlement agreement resolves allegations that the practice violated the Americans with Disabilities Act (“ADA”) as well as other federal civil rights laws when it refused to treat a patient because the patient was HIV-positive.