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Spera v. Orthopedic Associates of Milwaukee, et al, Complaint, Lambda Legal

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Resource Type
Pleadings and Briefs  
Description

This five-count complaint brought in state court under the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and various Wisconsin state law claims alleges that defendants refused medical treatment to plaintiff because of his HIV-positive status. Defendants are an orthopedic practice and an orthopedist who refused to perform plaintiffs spinal fusion surgery. Plaintiff was asked and agreed to be tested for HIV, an independent group of surgeons approved him as appropriate for the surgery and the surgery itself was prompted by the fact that plaintiff was in constant and excruciating pain. Plaintiff, who did not know he was HIV-positive until defendants cancelled his surgery, also sued them under state law for the indignity they caused him for the callous manner in which he was informed of his status and their refusal to counsel or refer him for further medical services.

 
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Published
2004-October-01