Case Brief: Bragdon v. Abbott
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University

Case Brief: Bragdon v. Abbott
Case Name and Citation
BRAGDON v. ABBOTT, (97-156) U.S. 25, 4 (1998)
Facts, Procedural History and Court Results
Sidney Abbott in her dental checkup finds that she has a burgeoning feature of HIV AIDS by her dentist, Randon Bragdon. However, further, on finding AIDS indications, the said dentist informed her to pay an additional amount for using hospital facilities. This seems discriminatory to Abbott and she filed a case against the Bragdon for discrimination charges in line with the ADA (the Americans with Disabilities Act of 1990. After comprehensive research on AIDS and its features to assess its ability to make its victims to fall into the category …show more content…
Can AIDS hamper any significant life activity?
3. Is Reproduction disability a chief life activity?
4. Should doctors have rights to select or reject the treatment of his patients in keeping with his viewpoint or preference?
Decision
Keeping the Americans with Disabilities Act of 1990 in the mind, the supreme court of the US decides that, AIDS hampers the reproduction ability of any individual, which is a crucial life activity and hence, in proportion to the ADA, the court thinks that, Abbott is eligible for having protection under the act and puts AIDS disease into disability category. Moreover, it concluded that, the doctors or caregivers should not discriminate on the basis of threat, patients can have on treatment settings. However, it notes that, ADA does not force caregivers to treat patients with health threats or infections.
Application (John W. McCarthy & Bennett H. Klein)
According to John, Abbott, she is entitled to receive a favor from the court for his alleged discrimination charges under the ADA act. Bennett H. Klein has claimed about the innocence of Bragdon on the basis of freedom to practice the vocation as he has right of freedom to pick his patients under the right of freedom.
Personal