Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.
The Associated Press; Wednesday, November 26, 1997; 4:48 p.m. EST
Laurie Asseo, Associated Press Writer
The court said it will hear an appeal by Maine dentist Randon Bragdon, who a lower court said violated the federal Americans With Disabilities Act when he told Sidney Abbott he would only fill her cavity at a hospital.
The 140,000-member American Dental Association supported Bragdon's appeal in a friend-of-the-court brief that urged the justices to clarify dentists' legal obligations in such circumstances.
The Gay and Lesbian Advocates and Defenders, which is representing Abbott, said in a statement, "Without strong legal protections against discrimination, the nearly 1 million Americans in this country who are living with HIV will become second-class citizens."
Lower courts have split on whether people who are infected with the HIV virus, but do not yet suffer from symptoms of AIDS, are considered disabled under the 1992 anti-bias law.
The Americans With Disabilities Act bans discrimination against disabled people in employment, government services, public accommodations, transportation and telecommunications. Under the law, someone is disabled if they have a physical or mental impairment that substantially limits "one or more major life activities."
Bragdon's appeal also argues that courts should defer to his professional judgment on whether to provide treatment such as filling a cavity in his dental office or at a hospital.
Ms. Abbott visited Bragdon's office in Bangor, Maine, for an appointment on Sept. 16, 1994. On her patient information form, she indicated that she was HIV-positive but had no AIDS symptoms.
Bragdon examined Ms. Abbott and discovered that she had a cavity near the gum line on a back lower tooth. He told her that, under his infectious-disease policy, he would not fill her cavity in his office.
Bragdon told Ms. Abbott he would treat her in a hospital setting, and she would have to bear the additional costs imposed by the hospital.
Two months later, Ms. Abbott sued. She sought, among other things, monetary damages.
A federal judge ruled that Bragdon had violated federal law, and the 1st U.S. Circuit Court of Appeals agreed.
"Ms. Abbott's HIV-positive status is a physical impairment which substantially interferes with her major life activity of reproduction, and she is therefore disabled within the meaning of the ADA," the appeals court said.
It added that Bragdon did not offer enough evidence to show that it would have been unsafe to fill Ms. Abbott's cavity in his office.
"Cases of this kind are necessarily fact-sensitive," the 1st Circuit court said. "Had the patient required more invasive treatment or had the dentist proffered stronger evidence of a direct threat, the result may well have differed."
Before monetary damages could be calculated, Bragdon appealed to the nation's highest court. His lawyers argued, among other things, that reproduction should not be considered a major life activity comparable to walking, seeing, hearing, speaking, working or caring for one's self.
Copyright 1997/The Associated Press. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Permissions Desk, The Associated Press, 50 Rockefeller Plaza, New York, NY 10020.
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Copyright © 1997 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
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