| Restricting access of human immunodeficiency virus (HIV)-seropositive patients to infertility services: a legal analysis of the rights of reproductive endocrinologists and of HIV-seropositive patients. | |
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MedLine Citation:
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PMID: 18078847 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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OBJECTIVE: To discuss the legal rights of reproductive endocrinologists and HIV-seropositive patients seeking infertility services. DESIGN: Westlaw and LexisNexis commercial legal search engines were used to perform a legal review of statutes and cases pertaining to HIV-seropositive patients seeking health care services. CONCLUSION(S): Human immunodeficiency virus antidiscrimination laws apply to healthcare providers whether they practice in private clinics or a university setting. Patients infected with HIV cannot be denied access to health services solely on the basis of their HIV status. If proof exists that HIV-seropositive patients will medically benefit by a referral to another provider with more expertise, it is legally permissible to refer these patients to another provider who has more expertise in providing infertility services to HIV-seropositive patients. However, the burden will be on the reproductive endocrinologist to demonstrate that he or she lacks the capability to care for HIV-seropositive patients and that the referral was for the medical benefit of the patient and of the patient's potential offspring. |
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Authors:
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John Y Phelps |
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Publication Detail:
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Type: Journal Article; Research Support, Non-U.S. Gov't |
Journal Detail:
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Title: Fertility and sterility Volume: 88 ISSN: 1556-5653 ISO Abbreviation: Fertil. Steril. Publication Date: 2007 Dec |
Date Detail:
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Created Date: 2007-12-14 Completed Date: 2008-02-05 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 0372772 Medline TA: Fertil Steril Country: United States |
Other Details:
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Languages: eng Pagination: 1483-90 Citation Subset: IM |
Affiliation:
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Department of Obstetrics and Gynecology, Division of Reproductive Endocrinology and Infertility, University of Texas Medical Branch, Galveston, Texas 77555-0587, USA. jyphelps@aol.com |
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| MeSH Terms | |
Descriptor/Qualifier:
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Endocrinology
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legislation & jurisprudence* Female HIV Seropositivity* / complications, psychology HIV-1 / immunology* Health Planning Guidelines Health Services Accessibility / legislation & jurisprudence* Humans Infertility, Female / complications, immunology, therapy* Male Models, Theoretical Patient Rights* Prejudice Refusal to Treat / legislation & jurisprudence* Reproductive Rights Reproductive Techniques, Assisted / legislation & jurisprudence*, psychology Societies, Medical United States Wrongful Life |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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