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Denied Surgery, WI Woman Claims HIV Prejudiceby Kilian MelloyFriday Feb 13, 2009 A Wisconsin woman denied medical treatment due to her HIV-positive status has filed suit, alleging that the denial of care violates both state and federal statutes.
Melodie Rose filed suit in federal court against surgeon Steven Cahee, Fond du Lac Regional Clinic, and Agnesian Health Care Inc.
The suit cites the Americans With Disabilities Act and the Rehabilitation Act, both federal statutes barring discrimination based on HIV status, as well as a Wisconsin version of the Americans With Disabilities Act and another state law that bars withholding of medical treatment from patients based on their HIV status, reported the UK GLBT news site Pink News.
Ms. Rose’s case is being supported by Lambda Legal and a state organization, the AIDS Resource Center of Wisconsin.
The AIDS Resource Center’s Legal Services Program director, Peter Kimball, was quoted in the Pink News article as saying, "Discrimination in healthcare remains a major problem for people living with HIV."
Said Lambda Legal HIV Project staff attorney Scott Schoettes, "Dr. Cahee’s actions fly in the face of ethical behavior for a medical professional."
Rose, an inmate at Taycheedah Correctional Institution, a prison in Fond du Lac,, was referred for gall bladder removal surgery to Dr. Cahee in March of last year, according to Lambda Legal’s
Web page.
The Pink News article said that the suit alleges that Dr. Cahee declined to perform sugery to remove Ms. Rose’s gallbladder once he found out that she was HIV-positive.
The surgery was later performed by a different medical care provider.
Ms Rose experienced health problems with her gallbladder while incarcerated at Taycheedah Correctional Institution in Fond du Lac.
Her doctor referred her to Dr Steven Cahee at the Fond du Lac Regional Hospital to have her gall bladder removed.
However, Dr Cahee allegedly refused to perform the surgery after learning Ms Rose is HIV-positive. According to Lambda Legal, Dr. Cahee said he was worried about the possibility of infection from performing surgery on Rose.
A surgeon at a different medical facility later removed Ms Rose’s gallbladder.
"Dr Cahee’s actions fly in the face of ethical behaviour for a medical professional," said Scott Schoettes, Staff Attorney with Lambda Legal’s HIV Project.
Added Schoettes, "Long ago, the Centers for Disease Control and Prevention established that using universal precautions...makes it extremely unlikely for the virus to be transmitted in this setting."
Kilian Melloy reviews media, conducts interviews, and writes commentary for EDGEBoston, where he also serves as Assistant Arts Editor.
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