FOR IMMEDIATE RELEASE
CR
MONDAY, JANUARY 10, 1999
(202) 353-8584
WWW.USDOJ.GOV
TDD (202) 514-1888

JUSTICE DEPARTMENT SUES TULSA NEUROLOGICAL SURGERY GROUP
FOR DISCRIMINATION AGAINST PATIENT WITH HIV

WASHINGTON, D.C. -- The Department of Justice today sued a group of Oklahoma physicians for discriminating against a patient with HIV.

The lawsuit, filed in U.S. District Court in Tulsa, alleges that Dr. Karl N. Detwiler, a physician affiliated with Neurological Surgery Inc. (NSI), which does business as Neurosurgery Specialists, violated the Americans with Disabilities Act (ADA) when he allegedly refused to treat a patient on the basis that he has HIV.

"The Justice Department remains committed to protecting individuals with disabilities-- including those with HIV--from discrimination when attempting to obtain medical services," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights.

The investigation began after DOJ received a complaint from an individual who had unsuccessfully sought treatment from Dr. Detwiler for neck and shoulder problems. The Department's investigation revealed that Dr. Detwiler first learned of the individual's HIV status during a November 1997 medical examination at NSI's medical office. At that point, Dr. Detwiler allegedly told the individual that he and his staff did not operate on patients with HIV, and that he should seek medical services elsewhere.

Title III of the ADA prohibits a physician from refusing to render treatment to a patient with a disability, such as one who has HIV, on the basis that patient has a disability.

The Centers for Disease Control and Prevention (CDC) has issued guidelines for the safe treatment of individuals with HIV disease. The CDC recommends the use of "Universal Precautions" to prevent the transmission of blood borne diseases, including HIV, in the health care setting.

The Justice Department's lawsuit seeks, among other things, an injunction prohibiting NSI from future violations of the ADA, the payment of unspecified damages to the complainant to compensate him for the alleged discrimination, as well as the payment of a civil penalty to the federal government.

Those interested in finding out more about the ADA can call the Department's toll-free information line at (800) 514-0301, (800) 514-0383 (TDD) or access the ADA Home Page on the World Wide Web at [http:/www.usdoj.gov/crt/ada/adahoml.htm].

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