California Courts of Appeal
Apr. 19, 2013
Appellate court rules HIV status protected under discrimination laws
An anesthesiologist's refusal to perform medically necessary surgery on an HIV-positive patient constitutes discrimination, the 2nd District Court of Appeal unanimously ruled Wednesday.
By Emily Green
Daily Journal Staff Writer
An anesthesiologist's refusal to perform medically necessary surgery on an HIV-positive patient constitutes discrimination, the 2nd District Court of Appeal unanimously ruled Wednesday.
The appellate court found that the trial court erred when, per the hospital's request, it instructed the jury to determine whether the HIV-patient had a "physical disability based on her HIV status." The jury said no, and found in favor of the ...
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