NAD Brings Lawsuit against Hospital, Doctors for Ineffective Communication

The National Association of the Deaf recently sued Chester River Health System and selected medical professionals for lack of effective communication. Phillip Henry, represented by the NAD, along with co-counsel Joseph Espo of Brown, Goldstein, & Levy, LLP., was denied sign language interpreting at each of his visits before, during, and after a medical procedure.

The lawsuit alleges that this denial is a violation of Section 504 of the Rehabilitation Act of 1973, a federal disability rights law.  The law requires medical professionals and hospitals to ensure effective communication with deaf and hard of hearing individuals such as Mr. Henry.  Medical appointments, especially those covering procedures requiring hospitalization, include crucial and intensive information. However, without effective communication, it is not possible for a patient to make informed decisions regarding his own medical care.

The NAD brings this lawsuit not only to receive relief for Mr. Henry from Defendants, but also to send a strong message to the medical community that deaf and hard of hearing people are entitled to effective communication, including ASL interpreters.

“Despite the passage of Section 504 over 35 years ago, medical health providers continue to avoid their legal and moral obligations of ensuring that deaf and hard of hearing patients be fully informed and in full charge of their health,” Bobbie Beth Scoggins, NAD President said, “Lack of effective communication is unacceptable, especially in matters of life and death. We are committed to a systematic change in making health care accessible for every deaf and hard of hearing individual.”

If you or someone you know has been discriminated against, you can contact the NAD using this form [2] for advice and assistance finding a lawyer. You can also help to ensure that the NAD has the resources to assist with as many lawsuits as possible by donating to the Law and Advocacy Center [3] or becoming an NAD member [4] today.