October 17, 2006
Other
Question from Oak Ridge, North Carolina, USA:
Can a doctor discriminate because my child has diabetes? I was looking for a new pediatrician for my son who has type 1 diabetes. While the office was taking our information over the phone, they asked at the end if he had any chronic illnesses. I told them about his diabetes and they said this doctor will not take new patients with diabetes. Completely surprised and shocked, I told them that he had an endocrinologist that he sees every three months for his diabetes and they still said “sorry, but no.” I called the ADA (American w/Disability Act) and they said this was discrimination but, when I called the medical board, they said doctors can rightfully decide who they want to treat. This seems absurd. Can you tell me who is correct?
Answer:
It would be difficult to move forward with a claim of discrimination under ADA or 504 unless the argument can be made that a doctor’s office is a place of public accommodation and is not physically accessible to a person with a disability. I suggest contacting your state’s licensing board for further guidance.
CJ
