HIV/AIDS Treatment

Man claims doctor refused to perform surgery because of HIV

Published in AIDS Weekly, October 25th, 2004

A man filed a civil discrimination lawsuit October 5, 2004, alleging that a Milwaukee, Wisconsin, doctor refused to operate on him when he learned he was HIV-positive.

Steve Spera, 54, accuses orthopedist James Cain of violating the federal Americans with Disabilities Act and the Rehabilitation Act in refusing to perform a spinal fusion surgery once he learned Spera was HIV-positive.

The suit, filed in Milwaukee County Circuit Court by Lambda Legal, also alleges that the doctor failed to offer proper HIV counseling when he informed Spera he had tested positive for the virus that causes AIDS. Counseling is required under Wisconsin law.

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Source: AIDS Weekly (2004-10-25)

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