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Business Insurance
By Judy Greenwald
Aug. 31, 2015

An appeals court has reinstated discrimination claims filed against a hospital by the deaf parents of a child with a brain tumor, who claimed the hospital failed to provide deaf interpreters for them for most of the time they needed it.

The four-month old daughter of Rolando and Miriam Perez was diagnosed with a brain tumor that required monthly treatment in January 2011, according to Friday's ruling by the 5th U.S. Circuit Court of Appeals in New Orleans in Rolando Perez; Miriam Perez v. Doctors Hospital at Renaissance Ltd.

Ms. Perez is completely deaf and communicates exclusively in American Sign Language, while Mr. Perez is completely deaf in his right ear and cannot hear well in his left, and ASL is his primary language, according to the ruling.

The Perezes allege that while Doctors Hospital in Edinburg, Texas, provided them with interpreters for a time period of 2013 through early 2014, during the periods 2011 through part of 2012, and again beginning in April 2014, they had problems, including interpreters failing to arrive.

The couple filed suit against the hospital in March 2013, charging it with violations of Title III of the Americans with Disabilities Act, which governs public accommodation of the disabled, and state laws

The hospital's executive vice president for nursing testified in a deposition that the hospital's ADA compliance policy  . . .

Read More . . . American Sign Language



Daily News
Tuesday, May 26, 2015,

New York - A deaf man suffering from end-stage kidney disease died alone at home on his birthday because two city-run hospitals didn’t have sign-language interpreters available to explain to him the seriousness of his condition, according to a lawsuit.

Andre Berry, 52, died Nov. 5, 2013, with a hospital catheter still attached to his body, his grieving sister told the Daily News.

“I was with him in the hospitals so many times and we would ask for an interpreter, and they would say we would have to wait for one to be paged and they never came. They never came,” said Denise Berry, 52.

“They treated him like he was a regular hearing person, and he wasn’t. He had special needs, and they never helped him, never gave him the interpreters that by law he was entitled to,” the distraught sibling said.

Read More  . . . Deaf Man Dies



Disability Scoop
By September 2, 2014
Article in Disability Scoop

Sometime this month or next, Cheylla Silva will be admitted to Baptist Hospital in Miami to give birth to her second child. The delivery will be high-risk: Silva suffers from high blood pressure and other complications.

Silva is hoping the delivery goes smoothly because if there are serious problems, she might be at a loss to communicate with her doctors and nurses. Silva is profoundly deaf, and, for months, Baptist administrators have refused to provide her with an American sign language interpreter, she says.

Late last week, Silva filed an emergency motion in federal court, asking U.S. District Judge Kathleen M. Williams to order Baptist to provide the interpreter, arguing the hospital’s refusal to do so violates the federal Americans With Disabilities Act, a landmark civil rights law signed by then-President George Bush in 1990.

Baptist’s obligation, the suit says, “is to ensure that deaf patients be provided an equal opportunity to participate in their care and treatment.”

“One of the essential elements of personal dignity,” the pleading adds, “is the ability to obtain the necessary information to make an adequate and informed choice about one’s own medical treatment. Medical treatment and childbirth are some of the most intense and important experiences for a person.”

Through a telephonic interpreter, Silva said her experiences at Baptist, which is near where she lives, have frequently been frustrating. “Can you imagine going to a doctor’s office and not being able to understand what they are talking about? And it’s about your care. How would you feel?”

...continue reading "Mom-To-Be Sues To Have Accommodations In Delivery Room"