Midwest Plastic Surgery, HIV Discrimination, Illinois 2023

CHICAGO — A Hinsdale plastic surgeon has been accused of discriminating against a patient with HIV, according to a settlement reached by the U.S. Attorney’s Office for the Northern District of Illinois. Midwest Plastic Surgery was found to have unlawfully refused to perform a breast reduction surgery on a 47-year-old woman due to her HIV status.

The U.S. Attorney’s Office found that Midwest Plastic Surgery discriminated against the patient when its plastic surgeon unlawfully refused to perform a breast reduction surgery due to the patient’s HIV status. The patient had been living with HIV for more than 25 years, but this was the first time she had been refused medical treatment because of the virus. The investigation revealed that Midwest Plastic Surgery’s actions were not based on, or consistent with, current medical knowledge.

Under the terms of the settlement agreement, Midwest Plastic Surgery will pay $25,000 to the victim of discrimination. In addition, the plastic surgery office must train its employees on the requirements of the ADA, implement an antidiscrimination policy, and report to the U.S. Attorney’s Office every time a person is not accepted as a patient, with a written justification for the decision.

The settlement is the second HIV-related discrimination case the U.S. Attorney's Office has resolved in recent months. In December 2019, the office reached a settlement with Downers Grove Tattoo Company, which had unlawfully refused to give a customer a tattoo because she was HIV-positive.

The U.S. Attorney's Office stated that individuals seeking medical treatment or other physical care should not be excluded based on HIV. Title III of the ADA prohibits public accommodations, such as doctor’s offices and tattoo parlors, from excluding people with disabilities, including people with HIV, from enjoying goods, services, privileges, facilities, advantages and accommodations provided.

The ADA was signed into law 30 years ago this week. The U.S. Attorney's Office has reached a settlement with Midwest Plastic Surgery to resolve claims of discrimination against a 47-year-old woman with HIV. Midwest Plastic Surgery will pay $25,000 to the victim of discrimination and must train its employees on the requirements of the ADA.

Defendant: Midwest Plastic Surgery, a plastic surgery office in Hinsdale, Illinois. Crime: HIV Discrimination. City and State: Hinsdale, Illinois. Date: [No specific date mentioned]. Sentence: Midwest Plastic Surgery must pay $25,000 and train employees on the requirements of the ADA. Dollar amounts: $25,000.

Source: https://www.justice.gov/usao-ndil/pr/us-attorney-s-office-settles-ada-claim-hinsdale-plastic-surgeon-over-alleged-hiv