Document 1011
 DOCN  M9471011
 TI    Miller v. Spicer.
 DT    9409
 SO    Federal Supplement. 1993 May 7 (date of decision);822:158-174. Unique
       Identifier : AIDSLINE KIE/42588
 AB    The U.S. District Court of Delaware held that an individual could bring
       a claim of intentional infliction of emotional distress and that an
       issue of material fact existed as to whether a hospital discriminated
       against the individual when he was refused medical treatment based upon
       his perceived sexual preference and his HIV status. The court also held
       that a breach of implied contract claim in this situation is prohibited
       under the Delaware medical malpractice statute. The plaintiff, Rod
       Miller, originally sought medical attention at the Beebe Clinic for a
       foot injury. He was advised that surgery should be performed as soon as
       possible, but the resident surgeon at the clinic refused to operate
       based upon the surgeon's perception that Miller was homosexual and that
       Miller did not know the result of a recent AIDS test. Miller contends he
       has suffered permanent damage to his foot due to the loss in time
       incurred in his transfer to a different hospital. He is suing both the
       clinic and the surgeon, Robert Spicer, alleging that such discrimination
       violated the Rehabilitation Act. The court determined that only the
       clinic, not Dr. Spicer, could be pursued under this act, which only
       applies to those who receive federal funding. However, Miller still
       retains a claim for intentional infliction of emotional distress against
       both the physician and the hospital.
 DE    Christianity  Delaware  *Homosexuality  *Hospitals  *HIV Seropositivity
       *Jurisprudence  *Liability, Legal  Malpractice  Patient Transfer
       *Physicians  *Prejudice  *Refusal to Treat  *Surgery  COURT DECISION

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).