A patient came to the emergency room with sever abdominal pain from acute appendicitis. Upon his arrival, according to the court record, he informed emergency room personnel that he was HIV positive. Various lab tests were done, x-rays were taken and an IV was started. The emergency room physician told the patient he thought he had appendicitis, and should be seen right away by the surgeon. The ER physician went to find and consult with the surgeon.

  The emergency room physician returned to the ER and told the patient the surgeon at the hospital with whom he had just spoken would not examine him, because the patient was HIV positive. The physician further told the patient that he could not be admitted to the hospital, but would have to be transported to a certain hospital in another city.

  Eight or nine hours after he had presented himself in the hospital’s emergency room, the patient was transported, at his own expense, to the other hospital. At the other hospital, a surgeon examined him and decided that surgery was not indicated. However, the other hospital did admit him for several days for observation. It discharged him when his acute symptoms had resolved, without surgery.

  The patient sued the first hospital, its ER physician and the surgeon for HIV discrimination. The Court of Appeals of Ohio ruled the patient had a valid case.