DOJ Agreement with AdventHealth-Gordon for Effective Communication
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The United States Department of Justice (DOJ) recently entered into a settlement agreement with AdventHealth-Gordon (Advent) under Title III of the Americans with Disabilities Act (ADA) to ensure effective communication for patients and companions who are deaf and hard of hearing. This entity is formerly known as Gordon Hospital and is located at 1035 Red Bud Road Northeast, Calhoun, GA 30701.
According to their website, AdventHealth-Gordon is a “team of experts specializing in everything from emergency care to robotic surgery. As a member of the AdventHealth network of care, we’re guided by the principles of CREATION Life — Choice, Rest, Environment, Activity, Trust, Interpersonal Relationships, Outlook, and Nutrition.”
The Complainant, who is deaf, alleged that Advent discriminated against her and her birth partner (Companion), who is also deaf, on the basis of disability in violation of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-89. The Complainant alleged that despite her requests for an American Sign Language (ASL) interpreter for her labor and delivery, Advent failed to provide an interpreter or any other Auxiliary Aid or Service for her and her Companion, and instead the Complainant was forced to rely on lip reading, or on her deaf Companion to interpret for her.
As a result of Advent’s failure to provide an interpreter or other Auxiliary Aids and Services, the Complainant did not understand why she was not given an epidural and suffered significant pain. Both she and her Companion were scared for the safety of the baby during delivery because they did not understand what was occurring, particularly when an emergency arose. Even after the delivery, Advent Personnel continued to rely on oral communication resulting in misunderstanding about medication given to the Complainant and a vaccination for the baby. Both the Complainant and her Companion were denied the ability to exchange medical information about the Complainant or the baby with Advent Personnel and Staff. As a result, both women suffered unnecessary stress, fear, and confusion.
Under the three-year agreement, the hospital will revise its policies, practices and procedures for providing auxiliary aids and services to patients and companions who are deaf or hard of hearing, and offer monetary relief to a patient and companion who were not afforded effective communication during the labor and delivery of the patient’s child.
Also, Advent will submit a revised Effective Communication Policy, including its implementing practices and procedures, to the Department for review, revision, and approval. Advent will implement any revisions provided by the DOJ and send the policies, practices and procedures back to the DOJ within thirty (30) days of receipt for review, revision, and approval.
Advent will designate or hire an ADA Coordinator (ADAC), as well as one or more individuals to act in their absence. Among other tasks assigned to the ADAC, those individuals will be available to answer questions, and provide prompt access to appropriate Auxiliary Aids and Services, including Qualified Interpreters. The ADAC, and designee(s) shall, among other things: (i) know where Auxiliary Aids are stored, how to operate them, and ensure their proper maintenance, replacement, repair, and distribution; (ii) ensure that contracts with, and contact information for, Qualified Interpreters, are kept current and readily available; and (iii) review complaints regarding effective communication, as described in Paragraph 44 of the Agreement.
Finally, within seven (7) days of the effective date of this Agreement, Advent will offer the Complainant a total monetary award of fifty thousand dollars ($50,000.00) and Advent will offer the Complainant’s Companion a total monetary award of ten thousand dollars ($10,000.00).
SUMMARY: The DOJ recently entered into a settlement agreement with AdventHealth-Gordon (Advent) under Title III of the Americans with Disabilities Act (ADA) to ensure effective communication for patients and companions who are deaf and hard of hearing. This lawsuit was avoidable if Advent would have taken a pro-active approach to ADA compliance.
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