Legal Question in Disability Law in California
Elective Surgery
I am healthy HIV+ and I am considering cosmetic surgery. If my HIV specialist gives me the green light on this procedure, is it legal for a cosmetic surgeon to refuse to perform a procedure on my because of my HIV status?
1 Answer from Attorneys
Re: Elective Surgery
At first glance the answer is that it is not legal to deny surgery for the sole reason that you have HIV. However, the insurance company (I assume there is an insurance compnay involved); may deny this elective surgery. You sould ask the doctor or the insurance carrier the basis of the denial.
If it turns out that the are denying simply because you are HIV +, you have a potential claim and a possible violation of the American with Disabilities Act (ADA)and a possible claim for violation of the Fair Employment and Housing Act (FEHA).
If you would like to pursue this, feel free to call me and I can discuss this further. I do not charge for consultation any you may contact me directly at
Law Offices of Samuel L. Salazar
617 W. 7th St. Ste. 402
Los Angeles, CA 90017
email: [email protected]
Good Luck!
Samuel L. Salazar
Attorney at Law
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