Treatment was refused after disclosure
The patient had recorded her HIV status on a medical questionnaire. The appeal court accepted the finding that the refusal was caused by the infection, rather than the requested dental procedure. It also upheld the application of the Federal Disability Equality Act to the case, including the social barriers associated with HIV. [1]
The appeal changed the financial outcome
The court rejected the dentist’s challenge to the finding of discrimination, but considered €500 an appropriate award. It also changed the allocation of legal costs. Earlier public statements celebrating the first-instance award therefore describe an intermediate stage of the proceedings, not the final amount. [1][2]
Organisations connected the case with wider experiences
Aids Hilfe Wien lawyer Barbara Murero-Holzbauer described similar reports of refused treatment and appointments restricted to the end of the day. In the organisation’s magazine, she stressed information as a way to address prejudice. Klagsverband lawyer Theresa Hammer had said: “People with HIV must not be refused dental treatment because of their infection.” The organisations used the case to explain routes for challenging discrimination. [3]