Court Faults Dentist in HIV Dispute

Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.

Court Faults Dentist in HIV Dispute

Washington Post (12/31/98) P. A11

A U.S. Appeals Court ruled Tuesday that Maine dentist Randon Bragdon violated the 1990 American with Disabilities Act by refusing to treat an HIV-infected woman in his office for fear of contracting the disease. Bragdon had suggested filling the woman's cavity in a hospital instead, which he said would offer greater precautions against HIV infection; however, Sidney Abbott refused because the in-hospital procedure would have cost her $185, while the office procedure would have been just $35. The case reached the appeals court after the Supreme Court sent it back for reconsideration. The dentist's attorney noted that the Supreme Court, which ruled in June that HIV-infected individuals are protected by the ADA, unless they pose "a direct threat to the health and safety of others," may be asked to reconsider his client's case. Under federal law, Bragdon may be held liable for Abbott's legal expenses.

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