Judge rules that it was wrong to deny plastic surgery for HIV+ patients


A judge has ruled that a cosmetic surgery firm which refused to operate on three patients because of their positive HIV status discriminated against them and had no legal right to do so. U.S. District Judge Analisa Torres wrote in the opinion that the firm, Advanced Cosmetic Surgery of New York, tried toi excuse the refusal with medical factors but failed to consider them properly. The ruling comes after Mark Milano filed the lawsuit in 2015 and claimed that the firm had a blanket policy of refusing surgery to anyone who is HIV positive and the rest of factors are considered secondary and unimportant. Lawyers for the firm said that the case boiled down to whether their licensed physicians could be held liable for refusing the surgery based on their own judgement of the patients’ medical history. The claimant’s lawyer, Ali Frick, said: “Discrimination against people living with HIV remains a pervasive problem. A doctor cannot hide behind his medical degree to discriminate against patients.”


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