Man with HIV sues over surgery refusal

A Utah County man has filed a civil rights lawsuit against a Provo surgical center and two physicians after he was refused surgery because he is HIV-positive.

The lawsuit, filed Friday in U.S. District Court, alleges that when HealthSouth Provo Surgical Center refused to schedule toe surgery for Daniel S. Richardson because he has human immunodeficiency virus, it was discriminating against him under the Americans With Disabilities Act.

The lawsuit, which also names Dr. Gary H. Ashby and Dr. Michael D. Taylor as plaintiffs, seeks unspecified actual and punitive damages and asks the court to permanently enjoin the defendants from refusing to treat patients with HIV.

Richardson had the toe surgery a week later at another Utah County facility, according to his attorney, Marlin G. Criddle.

"I'm hoping (the lawsuit) will serve an educational function and it will remind people there are universal procedures in effect for doctors and other medical practitioners and, if those are followed, there is no need to engage in any sort of discrimination," Criddle says.

Universal medical precautions to prevent health-setting exposure to the virus include appropriate hand washing, protective barriers and care in the use and disposal of needles and sharp implements, according to a resolution adopted by the Utah Medical Association in the early 1990s.

"This is a man who had a problem with his foot and was expecting to be treated as a human being, and, unfortunately, he was treated differently," says Criddle.

According to the lawsuit, last December Richardson was referred to HealthSouth for surgery on an ulcerated toe. The surgery was scheduled, then canceled because of Richardson's medical history, the lawsuit states.

The suit says Taylor told the physician who had referred Richardson for surgery that "no scrub techs would do the surgery and it was the policy of HealthSouth Provo Surgical Center not to accept HIV-positive patients."

Denying access to surgery based solely on HIV status violates both the Rehabilitation Act and the Americans With Disabilities Act, the lawsuit states.

"Defendants violated Title III of the ADA by intentionally discriminating against Richardson on the basis of his HIV status. Further, defendant imposed or applied eligibility criteria that screened out Richardson because he was a person with HIV and denied Richardson the full and equal enjoyment of their services because of his HIV status, in violation of ADA."

HealthSouth did not return calls asking for comment.

After his surgery was scrubbed, "Richardson was devastated and emotionally distraught," the lawsuit says. "Richardson was in severe physical pain, which caused additional emotional and psychological distress."

At the end of 2003, the Centers for Disease Control and Prevention said an estimated 1,039,000 to 1,185,000 people in the United States were living with HIV/AIDS, with about one in four cases undiagnosed.

The case has been assigned to Judge Bruce S. Jenkins.

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E-mail: lois@desnews.com