NAD Files Complaints Against Palmetto General Hospital and the City of
Hialeah, Florida
A News Release from the National Association of the Deaf
Release Date: December 21, 2007
Contact: Anita B. Farb
Director, Communications and Operations
National Association of the Deaf
Email: http://www.nad.org/contactus
Law Offices of Matthew W. Dietz, P.L.
Matthew W. Dietz, (305) 669-2822
Email: [email protected]
NAD Files Complaints Against Palmetto General Hospital and the City
of Hialeah, Florida
Silver Spring, MD The National Association of the Deaf (NAD) and
the Law Offices of Matthew W. Dietz, P.L., filed two complaints in
the United States District Court in Miami, Florida, against the City
of Hialeah, Florida, and Palmetto General Hospital alleging their
failure to provide qualified sign language interpreter services to
ensure effective communication with Cynthia Cuevas and Erik Phillips,
a deaf couple.
The complaints allege that when Ms. Cuevas was eight-months pregnant,
her mother-in-law called the police and reported that the deaf couple
was having a verbal dispute and that Ms. Cuevas did not care for
herself or her unborn child. Without a sign language interpreter,
Hialeah police were unable to communicate effectively with the deaf
couple. Instead, the Hialeah police took Ms. Cuevas to Palmetto
General Hospital for an involuntary commitment. The psychological
evaluation determined that Ms. Cuevas was not a threat to herself or
to others.
Two days after her admission to Palmetto General Hospital, Ms. Cuevas
gave birth to a healthy baby boy by cesarean section. Five days later,
they were discharged from the hospital. The complaint against Palmetto
General Hospital alleges that the hospital failed to provide qualified
sign language interpreter services to ensure effective communication
with the deaf couple during the seven days that Ms. Cuevas was in the
hospital.
Hospitals are required to provide qualified sign language
interpreters when necessary to ensure effective communication for
appropriate diagnosis, effective treatment, informed consent, quality
health care, and discharge information, said Michael Stein, an
attorney with the NAD Law and Advocacy Center. According to Matthew
Dietz, co-counsel for the deaf couple, Discrimination against the
deaf is systemic in Florida. It is difficult for a person who is deaf
to find a doctor or a hospital that is willing to provide a qualified
sign language interpreter to ensure effective communication and it
is dangerous for both the medical professional and the patient who is
deaf not to have a clear understanding of the medical procedures.
The complaint against the City of Hialeah alleges that, when the deaf
couple and their baby left the hospital, they visited the
mother-in-law who refused to let the deaf couple take their baby
home. The mother-in-law later called the police and reported that Ms.
Cuevas wanted to harm herself, the baby, and others. Again without
securing a qualified sign language interpreter to ensure effective
communication, the Hialeah police took Ms. Cuevas to another hospital
for another involuntarily commitment. This psychological evaluation
also determined that Ms. Cuevas was not a threat to herself or to
others and she was discharged.
The complaint also alleges that the deaf couple received assistance
from the Legal Aid Society of Miami to ask the Hialeah police to help
them get their baby back from the mother-in-law. Hialeah police
refused to return the baby to the deaf couple without a court order
because the Hialeah police had transported Ms. Cuevas to the hospital
twice for involuntary commitment. During this encounter between the
deaf couple, the Hialeah police, and the mother-in-law, the Hialeah
police again did not provide qualified sign language interpreter
services to ensure effective communication. About three weeks later,
the deaf couple was finally able to obtain a court order and was
reunited with their baby.
As this case shows, not communicating effectively with an individual
who is deaf or hard of hearing can have disastrous consequences, said
Nancy Bloch, NAD Chief Executive Officer. Bloch also said, Equal
access and effective communication are critical when people need to
interact with law enforcement. This case demands remedies to ensure
that what happened to this family never happens again.
The complaints request the United States District Court to declare
that the City of Hialeah and Palmetto General Hospital violated the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of
1990 and award money damages to Ms. Cuevas and Mr. Phillips. In
addition, the complaints allege that the Hialeah police department
violated the couples constitutional rights to due process.
About the NAD
The National Association of the Deaf (NAD), founded in 1880,
safeguards the civil rights of deaf and hard of hearing Americans. As
a national federation of individual members, state associations,
organizational and corporate affiliates, the advocacy work of the NAD
encompasses a broad spectrum of areas including, but not limited to,
accessibility, education, employment, healthcare, mental health,
rehabilitation, technology, telecommunications, and transportation.
The NAD website ( http://www.nad.org
) has a wealth of advocacy information and resources.
About the Law Offices of Matthew W. Dietz, P.L.
The Law Offices of Matthew W. Dietz, P.L., is committed to ensuring
that all persons receive equal treatment under the law and are not
subject to discrimination based on their race, ethnicity, national
origin, gender, disability, familial status, sexual orientation or
economic status. More information is available at
http://www.usdisabilitylaw.com
.
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