A doctor and a Waukegan hospital have settled a lawsuit brought by a former patient who alleged that he was held a virtual prisoner in his hospital room because he was thought to be infected with HIV, the American Civil Liberties Union announced Wednesday.
Terms of the settlement were not disclosed, although the doctor reportedly agreed to a monetary settlement.
Lawyers for the Illinois ACLU filed the suit in December 1991 in U.S. District Court on behalf of a north suburban resident identified only as John Doe.
At the time, it was believed to be the first lawsuit of its kind in Illinois.
Named as defendants were Victory Memorial Hospital and Dr. Dionisio Yorro, Doe’s physician.
According to the lawsuit, Doe was confined to his room for eight days in 1990 while recuperating from an appendectomy at the hospital, after telling his doctor he thought he might be infected with HIV. Tests confirmed that Doe was HIV positive.
HIV, or the human immunodeficiency virus, causes AIDS. The most common ways that HIV is spread are thought to be through unprotected sexual activity and the sharing of contaminated needles.
John Hammell, director of the AIDS and civil liberties project for the Illinois ACLU, said the suit was filed because “it was critical to make clear to hospitals and doctors that the law does not allow them to segregate or discriminate against HIV-infected patients, or patients they fear might be HIV-infected, without justification.”
Under terms of the settlement, which was approved by U.S. District Judge George Lindberg, neither the hospital nor the doctor admitted wrongdoing.
The hospital now has written policies that should prevent such discrimination, Hammell said.
He said Doe was pleased with the settlement.