A New York-based plastic surgeon is accused of refusing to treat a patient last year because the patient is HIV-positive.
According to a lawsuit filed by U.S. Attorney Preet Bharara, last July Dr. Emmanuel Asare of Advanced Cosmetic (which has offices in both Manhattan and Long Island) refused to treat a patient "on the basis of his disability," before even conducting a basic medical assessment of the individual.
The patient in question is also a cancer survivor, and had scheduled a consultation with Dr. Asare at Advanced Cosmetic's Upper East Side offices to assess his gynecomastia—inflated breast tissue that is a common side effect both of HIV medication and cancer treatment. According to prosecutors, "Upon learning that the patient was living with HIV, Asare immediately told the Patient that Advanced Cosmetic did not provide services to those with HIV, and the Patient was asked to leave."
After the incident, Advance Cosmetic allegedly reiterated that "it is their policy" to turn away patients suffering from HIV, cancer and diabetes, among other illnesses. This, Bharara has put forward, is in violation of the Americans with Disabilities Act of 1990. Bharara said in a statement yesterday, "Individuals with disabilities are entitled to the same medical services as everyone else, and there can be no room in the medical profession for the kind of discrimination alleged in this lawsuit.”
Advanced Cosmetics sent a letter in its defense to the prosecutors, the Post reports. The letter argues that Advance has the right to be selective and all patients "should be in healthy condition."
