Bragdon V. Abbott
Bragdon v. Abbott
Lisa Moulder
Western International University
HRM 430 4092 – Employment Law
February 15, 2012
Professor Sandy White
Abstract Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990? In the case of Bragdon v. Abbott, Ms. Abbott disclosed her HIV status to her dentist. Dr. Bragdon offered to treat Ms. Abbott at a local hospital. Dr. Bragdon believed that if he was going to provide a service to a patient and risk infection or even death, he should be allowed and even expected to take extra precautions. Ms. Abbott found his actions to be discriminatory. This case remains the founding case in HIV and disability law in its declaration that HIV is a disability and that discrimination is illegal.
Bragdon v. Abbott “Some risks are acceptable but…” (Oyez Project, 1997). This is how the attorney representing Dr. Randon Bragdon began his hearing before the Supreme Court. The case began when Sidney Abbott visited her dentist’s office in order to have a cavity filled. Abbott disclosed that although she did not manifest any obvious symptoms she carried the human immunodeficiency virus (HIV). When her dentist, Dr. Bragdon, refused to treat her in his office, offering instead to conduct any necessary work at a hospital for no extra charge other than use of the facilities, Abbott felt his policy as discriminatory (Cornell University, 1998). Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990 (ADA, 2005)? The District Court ruled in favor of Abbott, holding that HIV infection satisfied the ADA’s definition of disability. This landmark ruling helps protect more than one million people estimated to be living with HIV/AIDS in the United
Lisa Moulder
Western International University
HRM 430 4092 – Employment Law
February 15, 2012
Professor Sandy White
Abstract Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990? In the case of Bragdon v. Abbott, Ms. Abbott disclosed her HIV status to her dentist. Dr. Bragdon offered to treat Ms. Abbott at a local hospital. Dr. Bragdon believed that if he was going to provide a service to a patient and risk infection or even death, he should be allowed and even expected to take extra precautions. Ms. Abbott found his actions to be discriminatory. This case remains the founding case in HIV and disability law in its declaration that HIV is a disability and that discrimination is illegal.
Bragdon v. Abbott “Some risks are acceptable but…” (Oyez Project, 1997). This is how the attorney representing Dr. Randon Bragdon began his hearing before the Supreme Court. The case began when Sidney Abbott visited her dentist’s office in order to have a cavity filled. Abbott disclosed that although she did not manifest any obvious symptoms she carried the human immunodeficiency virus (HIV). When her dentist, Dr. Bragdon, refused to treat her in his office, offering instead to conduct any necessary work at a hospital for no extra charge other than use of the facilities, Abbott felt his policy as discriminatory (Cornell University, 1998). Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990 (ADA, 2005)? The District Court ruled in favor of Abbott, holding that HIV infection satisfied the ADA’s definition of disability. This landmark ruling helps protect more than one million people estimated to be living with HIV/AIDS in the United
References: Information about HIV and AIDS. (August, 2011). Retrieved from http://www.cdc.gov/hiv/topics/basic/ Gay & Lesbian Advocates & Defenders (GLAD). (December 1998). Understanding how the Americans with Disabilities Act covers people with HIV The Oyez Project at IIT Chicago-Kent College of Law. (2001) Toyota Motor Mfg v. Williams Retrieved from http://www.oyez.org/cases/2000-2009/2001/2001_00_1089. United States Department of Justice Civil Rights Division Disability Rights Section A Guide to Disability Rights Laws (September, 2005) Americans with Disabilities