Brad Sears Nine months after the Supreme Court ruled that a dentist's refusal to treat a person living with HIV disease is illegal, dental discrimination is still common in Los Angeles. The Supreme Court ruling appears to have increased patients' awareness of their rights but has not deterred dentists from discriminating. Most of these cases involve patients who were told at their first appointment with a new dentist that they could not receive treatment because they were HIV-positive. After disclosing their HIV status on a medical questionnaire, they were turned away.
Discrimination is common Frequently, the discrimination is very explicit.
The dentist actually says the patient will not be treated because he or she is HIV-positive. These cases are easier to prove and often result in settlement before a lawsuit is even filed. He simply learned they were HIV-positive, and told them he would not treat them. In addition, he must have all of his employees sign a statement that they will not discriminate. Sometimes dentists don't come right out and say that they're refusing to treat a patient because he or she is HIV-positive.