Doctors Hospital Agrees to Settle Claim Alleging Failure to Provide Effective Communication Services to Deaf Individuals

McALLEN, Texas – Doctors Hospital at Renaissance Ltd. (DHR) has agreed to a settlement under the Americans with Disabilities Act (ADA) to ensure it provides appropriate auxiliary aids and services to individuals who are deaf or hard of hearing when providing medical services, announced Acting U.S. Attorney Abe Martinez.

The investigation began following a lawsuit a local deaf couple had filed, alleging DHR violated the ADA by failing to provide sign language interpretive services to ensure effective communication regarding their daughter’s treatment for cancer. The deaf parents alleged that starting in 2011, they were unable to effectively communicate with DHR’s doctors and medical personnel at various times during their daughter’s treatment. The lawsuit further alleged the mother was forced to use a family member to translate what the doctors and medical personnel at DHR were saying.

“This settlement exemplifies our commitment to protect the rights of the hearing impaired and to ensure that they are able to communicate with health care professionals, especially when patients have critical and complex interactions with medical providers,” said Martinez.

The settlement agreement requires DHR to provide appropriate auxiliary aids and services, including qualified interpreters. DHR must also appoint an ADA administrator, provide training to the hospital’s staff on the requirements of the ADA and to adopt specific policies and procedures to ensure patients and companions who are deaf or hard of hearing promptly receive auxiliary aids and services. The settlement agreement also provides for continued monitoring by the Southern District of Texas to ensure DHR is meeting its obligations under the ADA.

Assistant U.S. Attorney Paxton Warner handled the matter on behalf of the Southern District of Texas.

This case is a part of the Department of Justice’s Barrier-Free Health Care Initiative, which seeks to enforce the ADA’s prohibition of discrimination against individuals with disabilities by health care providers. Through the Barrier-Free Health Care Initiative, U.S. Attorneys’ offices across the nation and the Department of Justice - Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities—access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that includes effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities and equal access to treatment for people who have HIV/AIDS.

The Department of Justice has a number of publications available to assist entities to comply with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. Visit the ADA for more information and to access these publications. ADA Complaints may be filed Department of Justice or within the Southern District of Texas.