North Shore University Hospital v. Rosa

OPINION OF THE COURT

Smith, J.

The primary issue here is whether the State Human Rights Law (Executive Law § 296 [2] [a]) was violated when a medical facility used heightened precautionary measures while treating a patient perceived to be at risk for carrying the AIDS virus. Because the Appellate Division correctly determined that the procedures employed by respondent were supported by sound medical judgment and prevailing medical consensus at that time, we affirm.

In 1985, respondent North Shore University Hospital had an infectious disease protocol in effect at its dental clinic. In an effort…