Surgeon, hospital settle landmark AIDS discrimination case

A landmark settlement in an AIDS discrimination case was announced yesterday at the office of the AIDS Law Project of Pennsylvania in Center City. The case, concerning orthopedic surgeon Paul Scoles -- originally referred to as "Dr. Doe" -- stemmed from a mandate by Mercy Health Corporation that barred him from practicing medicine unless he disclosed his HIV status to his prospective patients. Mercy Health operates two hospitals in the Philadelphia area, Mercy Catholic Hospital and Mercy Haverford Hospital. Scoles filed a federal lawsuit in 1992, alleging that Mercy Health violated both the Rehabilitation Act of 1973, as well as the Americans With Disabilities Act, when it prohibited him from practicing. In response to yesterday's settlement, Mercy Health officials released a prepared statement maintaining that "while the chances of transmitting the disease to a patient during surgery are very small, the result of such a transmission is nearly certain death for the patient." During a press conference announcing the settlement, Catherine Hanssens, AIDS Law Project director, disagreed with the Mercy Health statement. "In the 14 years of the AIDS epidemic, there has never been one confirmed case of HIV transmission from care worker to patient," Hanssens said. "Mercy Health knew all along that Paul Scoles did not pose a threat to his patients. But Mercy Health was afraid of being sued by patients who would make false claims about HIV exposure," Attorney John DiPietro, lead counsel for Scoles said. "This fear is exaggerated, particularly in light of the increasing number of courts around the country, including in Philadelphia, that have rejected these 'fear of AIDS' type claims," he added. Saying that he was "not satisfied with the destruction of my operative practice," Scoles claims that Mercy Health, "set out to deprive me of my non-operative, non-invasive practice, by telling their staff and the public that I was no longer involved in patient care and instructing their physician employees not to send me patients of any kind. "They removed my name from the ER referral and coverage lists," Scoles added. "Knowing that I could not respond, they told the press that I was no longer involved in patient care." The hospital later decided to allow Scoles to perform surgery if he get informed consent from his patients prior to scheduling surgery. The hospital then refused the consent, stating that each case must be individually reviewed by an expert committee. Scoles appealed his suspension to the Medical Board, who voted unanimously in his favor. The hospital did not accept this ruling, however. "It was only then, when Mercy's intransigence and scientific nincompoopery were clearly manifest and immovable that we went to Federal court," Scoles said. Last year, a federal district court dismissed major portions of the lawsuit. Scoles' attorneys were preparing for an appeal when the present settlement was reached. While the conditions of the settlement were not disclosed, both Scoles and Mercy say they are happy with it. "I brought this lawsuit in order to reclaim my reputation and to educate the public that HIV-positive health care workers do not pose a risk to their patients," Scoles said at the end of his press conference. "I am happy to know that since my case went public, not one doctor has had to go through the same ordeal in court."