The law and ethics in relation to dentists treating HIV-positive patients: report on a recent U.S. Supreme Court case.
The U.S. Supreme Court confirms that an HIV-seropositive patient is a "handicapped" person even if totally asymptomatic. Hence, the patient is illegally discriminated against if a dentist consequently refuses to treat the person in the same manner in which he or she treats other patients. Canadian dental care providers should be aware of this decision, because it is reasonable to expect that the high-level Canadian courts and the Supreme Court of Canada would follow this U.S. Supreme Court decision. In addition, the U.S. judgment in effect supports judgments in recent Canadian lower court cases.
Graham
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Sir Mortimer Davis Jewish General Hospital, Department of Dentistry, Montreal.
Harel-Reviv
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D002170:Canada; D002961:Civil Rights / Q000331:legislation & jurisprudence; D017742:Dental Care for Chronically Ill / Q000331:legislation & jurisprudence*; D003815:Dentists / Q000331:legislation & jurisprudence*; D004990:Ethics, Dental; D006679:HIV Seropositivity / Q000635:transmission; D006801:Humans; D016079:Refusal to Treat / Q000331:legislation & jurisprudence; D018570:Risk Assessment; D014481:United States