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Hi Fred:
The situation fits (passes the tests) of all your focussing "ifs." Would this be (ADA) Title III?
Comment: it is amazing the humiliation that occurs too often regarding pain patients. On chronic pain and other lists there is discussion of sub-standard treatment all too often. One of my interests is the notion of the category "invisible disabilities" and how it can be exploited to discriminate not only unlawfully but inhumanely. For example, in a given setting there is often someone who knows (the disability) even if others don't, and can take serious advantage. Anyway, before I go on too much here on a clearly complex topic not addressable quickly, I sure appreciate your shrewd and comprehensive post, and now if you or others have any pointers to the ADA or any readings etc. that would be great. I will look around in the case law and post again.
A good Sunday to you, and beyond,
:) (smiles) LindaMF.
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Individual e-post from:
Dr. L. D. Misek-Falkoff, Speaker, and Chronic Pain Caucus Chair of
The National Disability Party http://www.disabilityparty.com . bio (about)
http://www.yahoogroups.com/group/pain-in-the-law
http://www.yahoogroups.com/group/ChronicPainCooperate
http://www.yahoogroups.com/group/dismissed-as-diabled@yahoogroups.com
----- Original Message -----
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Individual e-post from:
Dr. L. D. Misek-Falkoff, Speaker, and Chronic Pain Caucus Chair of
The National Disability Party http://www.disabilityparty.com . bio (about)
http://www.yahoogroups.com/group/pain-in-the-law
http://www.yahoogroups.com/group/ChronicPainCooperate
http://www.yahoogroups.com/group/dismissed-as-diabled@yahoogroups.com
----- Original Message -----
From: Frederick A. Shotz
Sent: Saturday, February 02, 2002 5:28 PM
Subject: Re: [ada-lawyers] Fw: Doctors Dismissing Pain Patients per se - ADA violations?
Now if there was no referral made and the patient is not a drug addict engaging in drug seeking behavior, and if the patient is a person with a disability as defined by the ADA, this could be an interesting ADA issue.
Sincerely yours,
Fred
Frederick A. Shotz
ADA Consulting Associates
On Saturday, February 2, 2002, at 04:53 PM, L D Misek-Falkoff wrote:
sorry, misaddressed previously:
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----- Original Message -----
From: L D Misek-Falkoff
To: pain-in-the-law@yahoogroups.com ; Dismissed-As-Disabled@yahoogroups.com ; ada-wyers@yahoogroups.com ; ADA-LAW@yahoogroups.com ; CPC ; NDP ; adf ; PsyDoc70@...
Cc: include@...
Sent: Saturday, February 02, 2002 4:49 PM
Subject: Doctors Dismissing Pain Patients per se - ADA violations?
Any ideas appreciated:
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Query: whether a doctors office which is an open to the public walk in arrangement, and has more than 15 employees and has a primary care function by specific physicians for returning individuals, violates the ADA or other law (and other standards and guidelines) when it refuses to help a patient in pain and ousts them by letter from their practice, refusing discussion or input by the patient.
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Of course the facts and circumstances, transactions and occurrences, will tune the actual situation; but given the hypothetical is the ADA violated where the refusal to talk about, refer, manage extreme pain is blatant?
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Individual e-post from:
Dr. L. D. Misek-Falkoff, Speaker, and Chronic Pain Caucus Chair of
The National Disability Party http://www.disabilityparty.com . bio (about)
.
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