Lambda Legal and ARCW File Federal Lawsuit on Behalf of HIV Positive Woman Denied Surgery by Healthcare Provider
(Milwaukee, WI, February 12, 2009) — Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) filed a federal lawsuit today in the US District Court for the Eastern District of Wisconsin on behalf of Melody Rose, a 35-year-old Wisconsin woman who was denied surgery to remove her gallbladder because she has HIV.
“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 (ARCW). “In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
Lambda Legal and ARCW represent Melody Rose who 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.
However, Dr. Cahee refused to perform the surgery after learning Ms. Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Ms. 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 –- Steven M. Cahee, M.D., Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic, S.C., violated four different state and federal laws. The complaint alleges that the defendants violated the Americans with Disabilities Act (ADA) 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 case is Rose v. Cahee, et al.
Scott Schoettes, HIV Project Staff Attorney, is handling the case for Lambda Legal. He is joined by co-counsel Peter Kimball, of AIDS Resource Center of Wisconsin.
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Original source : http://gay_blog.blogspot.com/2009/02/lambda-legal-…
Equality California Remembers Lawrence King One Year after the Teen’s Shooting Death
SAN FRANCISCO – Equality California honors and remembers the life of Lawrence King, a gay junior high school student from Oxnard, CA, who was shot in the head one-year-ago by his classmate at E.O. Green Junior High School. The 15-year-old died of his injuries last February 13.
Brandon McInerney, King’s shooter, is being tried on first-degree murder and a hate crimes charge. According to reports from friends of Lawrence King, who self-identified as gay, King sometimes wore make-up and feminine jewelry and was the target of ridicule by some of his classmates.
Last year, EQCA sponsored AB 3015 (Brownley), the Foster Youth School Education Act, which was introduced to better protect LGBT foster youth like Larry from violence at school and was signed into law by Governor Schwarzenegger.
“As we remember the tragic, senseless killing of Lawrence King, we must continue to take the appropriate steps to ensure that no one else becomes a victim to homophobia in our schools,” said Geoff Kors, executive director for Equality California. “On the anniversary of this tragedy, we stand committed to defending safe schools laws that EQCA lobbied to enact to prevent any young person from being bullied, harassed or worse because of their sexual orientation or gender identity and expression.”
Equality California-sponsored legislation, the Student’s Civil Rights Act, SB 777 (Kuehl), which was implemented in 2008 and reinforces existing prohibitions of discrimination in publicly funded schools and activities, including discrimination based on religion, race, disability, gender and sexual orientation, has been challenged by a failed referendum and an ongoing federal lawsuit.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/02/equality-cali…
Lambda Legal and ARCW File Federal Lawsuit on Behalf of HIV Positive Woman Denied Surgery by Healthcare Provider
(Milwaukee, WI, February 12, 2009) — Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) filed a federal lawsuit today in the US District Court for the Eastern District of Wisconsin on behalf of Melody Rose, a 35-year-old Wisconsin woman who was denied surgery to remove her gallbladder because she has HIV.
“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 (ARCW). “In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
Lambda Legal and ARCW represent Melody Rose who 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.
However, Dr. Cahee refused to perform the surgery after learning Ms. Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Ms. 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 –- Steven M. Cahee, M.D., Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic, S.C., violated four different state and federal laws. The complaint alleges that the defendants violated the Americans with Disabilities Act (ADA) 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 case is Rose v. Cahee, et al.
Scott Schoettes, HIV Project Staff Attorney, is handling the case for Lambda Legal. He is joined by co-counsel Peter Kimball, of AIDS Resource Center of Wisconsin.
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Original source : http://gay_blog.blogspot.com/2009/02/lambda-legal-…
Kansas LGBT rights bill advances
(Topeka, Kansas) A key legislative committee has approved a bill to add sexual orientation and gender identity to the state’s anti-discrimination law.
The law currently prohibits workplace discrimination based on race, religion, sex, disability, national origin or ancestry.
“It’s clear that the time has come to extend …
