Case Result: Case Result: ADA Discrimination Claim Against Cosmetic Surgeon Who Wouldn’t Operate on Patient Taking Blood Thinners is Dismissed

Professional:
Cosmetic Surgeon

Primary issue:
Cient cosmetic surgeon was seeing a transgender patient who had undergone upper body surgery and wanted her breasts redone. In order to get preoperative clearance, the surgeon’s office required labs to be done and prior medical records provider. The patient was not compliant with getting required labs for pre-surgery due to being on coumadin (blood thinners), so the surgeon cancelled the surgery because of this. The patient reported the surgeon to the federal government on Americans with Disabilities Act (ADA) charges, claiming the surgeon turned her down because she was HIV positive. Investigation opened up.

Argument:
Our healthcare civil litigation attorneys contended that this was more of a compliance matter, as the surgery center was capable of handling HIV-positive patients, but it is not capable of handling patients who are on blood thinners.

Result:
Chapman Law Group worked with the surgery center on an all-staff ADA seminar to go over all ADA-related matters as it applies to patients’ rights. In addition, our healthcare compliance attorneys worked with the surgery center on its patient intake, consent and patient rights forms, in order to spot and prevent future similar complications. The governmental investigation was closed.

Areas of Law:
Healthcare Compliance
Professional Liability/Malpractice Defense

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.