Hickson v. St. David's
Split Score
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Case Summary
Disposition
Affirmed in Part
The Fifth Circuit reviewed the dismissal of claims arising from the death of Michael Hickson after a hospital withdrew life-sustaining treatment allegedly because of his disabilities. The court affirmed the dismissal of several claims but vacated and remanded the disability-discrimination, informed-consent, and intentional-infliction-of-emotional-distress claims, holding that adverse medical-treatment decisions can, in some circumstances, constitute actionable disability discrimination.
Circuit Split Identified
Legal Issue
Whether an adverse medical-treatment decision (or decision to withhold treatment) can constitute actionable disability discrimination under § 504 of the Rehabilitation Act and § 1557 of the ACA when the decision is based solely on the patient's disability.
Circuit Positions
Adverse medical-treatment decisions can give rise to disability-discrimination liability if the decision is made solely because of the patient’s disability.
Medical-treatment decisions (or withholding of care) can never serve as the basis for a disability-discrimination claim under the Rehabilitation Act or ADA/ACA.
Conflict Summary
The Fifth, First, Second, and Seventh Circuits hold that medical-treatment decisions may violate the Rehabilitation Act/ACA when the decision rests solely on the patient’s disability, allowing such claims to proceed. In contrast, the Eighth and Eleventh Circuits categorically bar disability-discrimination claims predicated on medical-treatment decisions, treating such allegations as non-cognizable under the statutes.