| Abstract: | Dr. Peter G. Mozsary, charged with denying service to a patient with AIDS, has failed in his attempt to change the venue from Federal District Court to an arbitration panel. The California dentist was sued for violating the Americans with Disabilities Act (ADA). Dr. Mozsary argued that the matter involved malpractice and should be settled by arbitration, as stated in an agreement on malpractice claims signed by the patient. But the judge determined that the patient's claim that he was denied care involves civil rights, not malpractice. The plaintiff, known in court records as John Doe, alleged Mozsary refused to treat him upon learning he is HIV-positive, and referred him to a hospital for antibiotic therapy and observation. Dr. Mozsary claims he usually treats people with AIDS, but Doe was suffering from a severe respiratory infection and the nonemergency removal of three decayed teeth could be handled better in a hospital setting. Doe is seeking a jury trial and compensatory and punitive damages. |
