Document 0852
 DOCN  M95A0852
 TI    The law and ethics in relation to dentists treating HIV-positive
       patients: two recent court cases.
 DT    9510
 AU    Graham PE; Miller NM; Harel-Raviv M; Faculty of Dentistry, McGill
       University, Montreal, Quebec,; Canada.
 SO    J Can Dent Assoc. 1995 Jun;61(6):487-91. Unique Identifier : AIDSLINE
       MED/95339273
 AB    Two recent Canadian judgements regarding the application of human rights
       legislation to dentistry and HIV-seropositive patients are summarized
       and discussed. In the Ontario case of Jerome v. DeMarco, the Ontario
       Human Rights tribunal found that seropositivity constitutes a handicap
       under human rights legislation. However, the tribunal dismissed the
       claim by a seropositive patient that he had been illegally discriminated
       against by a dentist who, on learning the patient was seropositive,
       delayed treating him until the end of the day. This decision served as a
       precedent in the lengthy Quebec small claims court judgment of Hamel v.
       Malaxos. In this case, the dentist was held to have violated Quebec
       human rights legislation by trying to refer an HIV-seropositive patient
       to a hospital treatment centre rather than performing the appropriate
       dental treatment himself. Court judgments regarding this problem are
       reported and discussed.
 DE    Appointments and Schedules  Dental Care for Chronically Ill/*LEGISLATION
       & JURISPRUD  Disease Transmission, Patient-to-Professional/PREVENTION &
       CONTROL  Ethics, Dental  Human  Human Rights/LEGISLATION & JURISPRUD
       *HIV Seropositivity  Jurisprudence  Male  Ontario  Quebec  Referral and
       Consultation  JOURNAL ARTICLE

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