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February 26, 2010
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Justice Department Resolves Litigation with Laurel Regional Hospital

WASHINGTON — The Department of Justice today announced a comprehensive consent decree under the Americans with Disabilities Act (ADA) with Laurel Regional Hospital, a community hospital serving the Maryland suburbs of Washington. The hospital has agreed to ensure effective communication with patients or companions who are deaf or hard of hearing.

“Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “I commend the Laurel Regional Hospital for working with us, and I hope that this agreement will be a model for other hospitals to make certain that individuals who are deaf or hard of hearing have the same access to medical care and treatment.”

The consent decree, filed in federal court in Greenbelt, Md., resolves allegations that on several occasions the hospital did not appropriately respond to requests to provide qualified sign language interpreters or other auxiliary aids for patients or companions. For example, the Department’s complaint alleged that the hospital refused to communicate with a deaf woman whose son, an emergency department patient, was in and out of consciousness and that a former patient who was discharged did not understand her diagnosis or treatment recommendations and, which resulted in her being rushed to another hospital shortly thereafter to receive medical treatment there.

Today’s agreement in Gillespie and United States v. Dimensions Health Corporation resolves a lawsuit by several individual plaintiffs, in which the Department of Justice intervened.

Under the decree, the hospital will assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis, and treatment; provide auxiliary aids, when needed, to companions as well as to patients; and meet certain standards for video interpreting services, including high-quality, clear, delay-free, full motion video and audio over a dedicated high-speed Internet connection.

This is the Department’s first agreement that includes criteria for video interpreting services (videophones). Through these services, which are becoming more frequently used in various settings, an off-site interpreter appears through video conference technology over high-speed Internet lines. These services must be carefully monitored in hospital settings where, for example, patients with certain medical conditions or injuries may not be able to use their arms or be positioned appropriately to view the screen or to perform sign language.

People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website at ada.gov.

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Did You Know?    
 
 
Mediation may not be the most appropriate avenue for resolution in all cases.

For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.

 


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Today's Terms

Change of venue

Definition:
The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located.

Subpoena

Definition:
An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties, and most stipulations must be in writing.

Litigant

Definition:
A party to a lawsuit; one engaged in litigation.

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