Man with HIV loses case over dental care at Human Rights Tribunal

Aaron Jacobsen lodged a complaint after New Plymouth clinical dental technician Tom Zhou refused to provide him with a quote for dentures when he revealed he had HIV. Photo / iStock

A man with HIV who was refused dental care because of his condition has lost his case at the Human Rights Tribunal.

Aaron Jacobsen lodged a complaint after New Plymouth clinical dental technician Tom Zhou refused to provide him with a quote for dentures when he revealed he had HIV.

He said he was in the dentist chair when he revealed his condition, causing the technician's attitude to change "instantly", ripping off his gloves and refusing treatment.

The technician disagreed with the claim, saying he was too inexperienced to take on the case and referred the man to another dental practice.

And the Human Rights Commission ruled in the technician's favour - saying there was a real risk if Mr Zhou took on Mr Jacobsen as a client because of his inexperience.

The disagreement occurred after Mr Jacobsen had all of his teeth removed in 2014 when he was told he would otherwise lose his jaw.

He contacted the New Plymouth denture service about it three months later - a wait advised by doctors - and asked for a quote on how much it would cost for a new set of teeth.

During his appointment on June 25, 2014, Mr Zhou asked whether he had any serious health problems.

When Mr Jacobsen said he was HIV positive the technician's attitude "changed instantly", he said.

Mr Zhou backed away from the chair, taking off his gloves and saying "I can't do any work with you with HIV", Mr Jacobsen said. Mr Zhou disputes the claim.

Mr Jacobsen said he left the business embarrassed and angry, slamming the door so hard he thought it might have been damaged.

But Mr Zhou said his attitude did not change on learning Mr Jacobsen was HIV positive.

He told the tribunal, while Mr Jacobsen's HIV was a material factor in the decision to refuse him dental services, it was because of his lack of skill to work with serious medical problems.

He said he had referred Mr Jacobsen to another, more experienced dental practice in New Plymouth.

The tribunal noted Mr Zhou had "limited direct experience" dealing with clients and had just over one year in post-qualification experience.

It found Mr Zhou "properly recognised" there was a real risk that if he took on Mr Jacobsen as a client he would be acting well beyond his experience and skill level, exposing the patient to harm.

"It follows that Mr Zhou did not unlawfully discriminate against Mr Jacobsen by taking into account his HIV positive status," the tribunal stated.