Fust v. First Urology

Scroll to case documents Date Filed: 08/12/2020 Date Settled: 07/25/2022 Status:

First Urology is a full-service urological medical and imaging practice with roughly twenty locations in Kentucky and Indiana.

First Urology is required by law to buy equipment and train its staff to help people with disabilities lift onto examination and imaging tables. Instead, First Urology had a written policy stating that patients requiring assistance to transfer from wheelchairs and other mobility devices to examination tables or other diagnostic equipment must provide their own assistive devices necessary to ambulate for procedures, and must bring a friend, family member, or attendant to help move them to the table. First Urology’s policy created additional barriers to health care, hindered independence, and interfered with the privacy of patients with disabilities.

Despite the enactment of the Americans with Disabilities Act 30 years ago, patients with disabilities continue to face pervasive discrimination in access to health care, resulting in less comprehensive and subpar medical care and treatment. It is well-documented that – due to access barriers – patients with all types of disabilities experience significant disparities in the standard of care received from health providers. This frequently results in unmet medical needs, placing patients with disabilities at greater risk for secondary conditions, longer-term health problems, and even death. Refusal to examine or treat a patient on an examination or imaging table is a recurring barrier to providing proper and comprehensive care to patients with disabilities.

Plaintiffs Elizabeth Fust, David Allgood, and Marcus Gray have spinal cord injuries and use wheelchairs for mobility. Plaintiff Center for Accessible Living supports and advocates for the independence of people with disabilities throughout the state of Kentucky, including patients of First Urology.

This lawsuit, brought under Title III of the ADA, Section 504 of the Rehabilitation Act, and the Kentucky Civil Rights Act, sought injunctive relief to require First Urology to purchase and provide accessible medical equipment, and to institute policies, procedures, and training appropriate to the provision of medical care to patients with mobility disabilities. The parties reached a settlement in July 2022 under which First Urology committed to make these important changes to ensure access for patients with mobility disabilities.

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