NJ Dentist Violated State Law By Refusing To Treat HIV-Positive Man, Lambda Legal Says in Lawsuit Addressing Ongoing National Problem

(New York, Tuesday, October 29, 2002) - A New Jersey dentist who refused to treat an HIV-positive man with a dental emergency violated state disability discrimination law, Lambda Legal Defense & Education Fund said today in a lawsuit that highlights continuing, widespread discrimination against people with HIV or AIDS by medical professionals. The lawsuit, filed in state court in Middlesex County, also names a dental advertising service as a defendant for referring the man to the dentist who refused to provide services, in violation of the American Dental Association’s written code of ethics.

Four years ago, the U.S. Supreme Court made clear that it’s illegal for dentists to refuse to treat people with HIV or AIDS - but unfounded fear, not science or law, is still preventing people all across the country from accessing the services they need,” said Jonathan Givner, the Lambda Legal attorney handling the case.

Richard Doust, a 46-year-old Monmoth County resident, called the dental advertising service with a dental emergency and was referred to the dentist. Doust completed forms that disclosed he is HIV-positive. Once the dentist saw the forms, he took Doust into his office and said his staff was afraid to assist Doust, even though he had a dental emergency. He gave Doust the name of a local clinic that would treat people with HIV and suggested he go there instead.

At first, I was completely shocked -- totally dumb-founded,” Doust said. “During the 20 minutes I was in his office, the dentist never once asked me what was wrong with my teeth or how much pain I was in. He just wanted me gone as quickly as possible.”

The dentist abruptly ended the visit by walking Doust into the open office area and announcing to several staff members that Doust was going elsewhere for treatment. “I saw the people gathered around, but I couldn’t look any of them in the eye,” he said. “I was so embarrassed and humiliated.” Doust turned to an HIV/AIDS support center on the Internet and found another dentist. The dental emergency was so severe it required six visits and a root canal.

Doust said he now considers himself lucky that he never faced this kind of discrimination. “It just never occurred to me that a medical professional or anyone else would do this,” he said.

But Givner said Lambda Legal’s Help Desk regularly receives calls from people with HIV or AIDS who were denied dental or medical services or turned away from hotels and other public accommodations. “These are everyday where most people encounter no problems, but people with HIV or AIDS are turned away at the door. They can usually find another hotel or another dentist, but in the process they’ve gone through the humiliation of being treated like second-class citizens -- which is exactly what federal and state laws are designed to prevent,” he said.

Today’s lawsuit is brought under state disability discrimination law rather than the federal Americans with Disabilities Act. Givner said Lambda Legal has been working with Doust’s attorneys and formally filed papers entering his case today to help build stronger state legal precedent complimenting the U.S. Supreme Court’s 1998 ruling and also to further address the continuing and widespread occurrence of dental, medical and other discrimination against people with HIV or AIDS.

Kathleen Dunnigan of Dwyer & Dunnigan, LLC, in Newark is a cooperating attorney working with Lambda Legal on the case.