Bartlett, McDonough & Monaghan, LLP Wins Important Case of First Impression Challenging the Adequacy of Healthcare for the Disabled
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According to legal documents,
As set forth in the papers submitted to the court, the couple's parents argued that the law mandated the Group Home to accommodate the special needs of Mr. and Mrs. Forziano to cohabitate as a married couple. They further argued that refusal of the request was discriminatory due to the couple's disabilities.
According to legal papers filed in this matter, Defendants asserted that the request to cohabitate was driven solely by marital status and not disability. Underscoring Maryhaven's long-standing dedication to their residents' well being,
In arguing the case,
"We are acutely sensitive to the issues and pressures our healthcare clients face every day," said
In addition, in her brief, Ms. Hock clarified the critical point that the law protects the disabled from discrimination in situations in which able-bodied people are given preferential treatment, and thus the rights of disabled individuals are violated. The court found, however, that the law does not establish an obligation to provide particular accommodations for one disabled person that are not provided for others within the same setting.
The Defendants, according to the decision of
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