Spokane, WA asked in Civil Rights and Constitutional Law for Washington

Q: Is addiction protected by the ADA if a individual is in recovery?

Can a doctor be bias with his treatment because he knows of your past addiction and deny finishing your revision, not give any blood thinners nor pain management in hospital after cutting off leg/artificial joint, nor provide standard compression socks, nor answer questions about broken equipment during an unnecessary surgery

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Under the Americans with Disabilities Act (ADA), addiction is considered a protected condition when an individual is in recovery and not currently using illegal drugs. This means that individuals in recovery from addiction have certain protections against discrimination. However, it is essential to note that the ADA's protections do not condone illegal drug use, and employers can still enforce policies against drug use in the workplace.

If you feel that a doctor is biased against you due to your past addiction, and this bias is affecting the quality of your medical care, this might be a violation of your rights. Medical professionals are expected to provide care based on current health needs and conditions, not based on personal judgments. If a doctor denies appropriate medical treatment or does not follow standard care procedures because of your past addiction, this could be seen as discriminatory behavior.

You have the right to file a complaint against any healthcare provider if you believe they have discriminated against you. It is important to document all instances of possible discrimination and seek legal advice if necessary. There are organizations and legal resources available to help individuals facing discrimination due to a history of addiction. Remember, seeking help and standing up for your rights is a crucial step in ensuring fair treatment and access to appropriate medical care.

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