Can I sue chiropractors for denying me services due to my HIV status?

Full question:

I have recently been denied services from two chiropractors. I had started treatment, and was scheduled for 24 visits in the future. Then they realized that I put on office the forms that I was HIV positive. They said many horrible comments to me then dismissed me. The doctors never relieved my pain now I understand why. I am ready to give more explicit details regarding this, I want to sue.

  • Category: Employment
  • Subcategory: Discrimination
  • Date:
  • State: Tennessee

Answer:

The Americans with Disabilities Act (ADA) protects individuals with HIV from discrimination in health care. Under the ADA, health care providers cannot refuse treatment based on a patient's HIV status unless it poses a direct threat to safety or if the provider would not treat a similar patient without HIV. Providers must assess each case individually rather than applying a blanket policy against HIV-positive patients.

Additionally, while you are not required to disclose your HIV status, doing so can help ensure effective treatment, especially concerning medication interactions. If you believe you were denied service based on your HIV status, you may have grounds for a lawsuit. Health care providers must demonstrate that a patient's condition presents a significant threat that cannot be mitigated through reasonable accommodations.

For more information on your rights and potential legal action, consult with a qualified attorney who specializes in disability discrimination.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The No Surprises Act provides protections against unexpected medical bills from out-of-network providers. It allows patients to seek recourse if they receive care from an out-of-network provider without prior notice. While the Act primarily focuses on billing practices, it does not create a private right of action for patients to sue providers directly. Instead, it establishes a process for complaints to be filed with regulatory agencies. For specific legal advice, consult an attorney familiar with healthcare law. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*