Legal Question in Health Care Law in California

Removed from transplant list due to mental illness

I have been a patient at UCLA medical center for approximatly 1-year. Due to advanced lung disease (''Ideopathic Pulmonary Fibrosis''), I was placed on a Lung Transplant waiting list. During a regularly scheduled doctors apointment(''every three months'') I was informed that I was no longer a candidate for transplant as I had been hospitalized for (''Depression'')since thwe last appointment.

So, my question is this; is it ethical, or even legal, to deny a neccessary surgical procedure, one which, if not life saving, would improve quality of life, mental outlook, and overall, would lead to a longer happier life, because of a pre-existing mental condition?


Asked on 11/11/03, 1:18 am

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Removed from transplant list due to mental illness

THIS SHALL NOT BE CONSTRUED AS A LEGAL ADVICE, BUT IS AN OPINION.

I think UCLA's removal of your name from the list because of your depression might be considered a violation of your rights under Americans with Disabilities Act (ADA), if you can prove your depression is a disability.

This, however, needs to be carefully researched, which I have not done. Good luck.

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Answered on 11/14/03, 2:13 am


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