A lawsuit has been filed against the Regents of the University of New Mexico as trustees for UNM Hospital for violating the New Mexico Tort Claims Act and the Emergency Medical Treatment and Labor Act.
The regents are responsible for the management and control of UNM and all departments and activities, according to the lawsuit.
Christine Anders, a transsexual, said she went to UNM Hospital for treatment of vaginal bleeding June 28, 2000, and after receiving initial triage treatment, was ignored by the staff.
"I was bleeding and I went down to UNM Hospital and they let me sit there for about three or four hours," Anders said. "I couldn't take it, so I walked out."
She said she walked from UNM Hospital to Presbyterian Hospital, where she received immediate attention.
"Presbyterian took me right into surgery," Anders said. "I nearly lost half my blood."
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She said that she filed a complaint with UNM Hospital administrators and did not receive any response. Anders said she believes the lack of treatment she received was rooted in discrimination against transsexuals.
"I've been to UNM Hospital emergency before several times and they make fun and point fingers, say things behind your back," Anders said. "I have lived over half my life as a transsexual and I wouldn't change a thing."
Anders said that the case has moved to the United States District Court and hearing is set for sometime in August. She said that she is having trouble getting a lawyer to represent her and is doing all the legal work, including representation, on her own right now.
"I just wished UNM Hospital would be forthright in treating transsexuals," Anders said.
Kenneth C. Downes & Associates, attorneys for the defendants, filed a notice of removal of the case on Nov. 27, 2002.
According to the suit filed with the Bernalillo County Second Judicial District Court, Anders is seeking "relief other than a money judgment and/or seeks relief in excess of $25,000, exclusive of punitive damages, costs and attorney fees."