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Question:

From Oak Ridge, North Carolina, USA:

Can a doctor discriminate because my child has diabetes? I was looking for a new pediatrician for my son who has type 1 diabetes. While the office was taking our information over the phone, they asked at the end if he had any chronic illnesses. I told them about his diabetes and they said this doctor will not take new patients with diabetes. Completely surprised and shocked, I told them that he had an endocrinologist that he sees every three months for his diabetes and they still said "sorry, but no." I called the ADA (American w/Disability Act) and they said this was discrimination but, when I called the medical board, they said doctors can rightfully decide who they want to treat. This seems absurd. Can you tell me who is correct?

Answer:

It would be difficult to move forward with a claim of discrimination under ADA or 504 unless the argument can be made that a doctor's office is a place of public accommodation and is not physically accessible to a person with a disability. I suggest contacting your state's licensing board for further guidance.

CJ

DTQ-20061009230836
Original posting 17 Oct 2006
Posted to Other

  
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Last Updated: Tuesday April 06, 2010 15:10:10
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