NAD Files Complaints Against Palmetto General Hospital and the City of
\nHialeah, Florida <\/p>\n
A News Release from the National Association of the Deaf <\/p>\n
Release Date: December 21, 2007 <\/p>\n
Contact: Anita B. Farb <\/p>\n
Director, Communications and Operations <\/p>\n
National Association of the Deaf <\/p>\n
Email: http:\/\/www.nad.org\/contactus<\/p>\n
Law Offices of Matthew W. Dietz, P.L. <\/p>\n
Matthew W. Dietz, (305) 669-2822 <\/p>\n
Email: MatthewDietz@USDisabilitylaw.com<\/p>\n
NAD Files Complaints Against Palmetto General Hospital and the City
\nof Hialeah, Florida <\/p>\n
Silver Spring, MD \u0013 The National Association of the Deaf (NAD) and
\nthe Law Offices of Matthew W. Dietz, P.L., filed two complaints in
\nthe United States District Court in Miami, Florida, against the City
\nof Hialeah, Florida, and Palmetto General Hospital alleging their
\nfailure to provide qualified sign language interpreter services to
\nensure effective communication with Cynthia Cuevas and Erik Phillips,
\na deaf couple. <\/p>\n
The complaints allege that when Ms. Cuevas was eight-months pregnant,
\nher mother-in-law called the police and reported that the deaf couple
\nwas having a verbal dispute and that Ms. Cuevas did not care for
\nherself or her unborn child. Without a sign language interpreter,
\nHialeah police were unable to communicate effectively with the deaf
\ncouple. Instead, the Hialeah police took Ms. Cuevas to Palmetto
\nGeneral Hospital for an involuntary commitment. The psychological
\nevaluation determined that Ms. Cuevas was not a threat to herself or
\nto others. <\/p>\n
Two days after her admission to Palmetto General Hospital, Ms. Cuevas
\ngave birth to a healthy baby boy by cesarean section. Five days later,
\nthey were discharged from the hospital. The complaint against Palmetto
\nGeneral Hospital alleges that the hospital failed to provide qualified
\nsign language interpreter services to ensure effective communication
\nwith the deaf couple during the seven days that Ms. Cuevas was in the
\nhospital. <\/p>\n
\u001cHospitals are required to provide qualified sign language
\ninterpreters when necessary to ensure effective communication for
\nappropriate diagnosis, effective treatment, informed consent, quality
\nhealth care, and discharge information,\u001d said Michael Stein, an
\nattorney with the NAD Law and Advocacy Center. According to Matthew
\nDietz, co-counsel for the deaf couple, \u001cDiscrimination against the
\ndeaf is systemic in Florida. It is difficult for a person who is deaf
\nto find a doctor or a hospital that is willing to provide a qualified
\nsign language interpreter to ensure effective communication \u0013 and it
\nis dangerous for both the medical professional and the patient who is
\ndeaf not to have a clear understanding of the medical procedures.\u001d <\/p>\n
The complaint against the City of Hialeah alleges that, when the deaf
\ncouple and their baby left the hospital, they visited the
\nmother-in-law who refused to let the deaf couple take their baby
\nhome. The mother-in-law later called the police and reported that Ms.
\nCuevas wanted to harm herself, the baby, and others. Again without
\nsecuring a qualified sign language interpreter to ensure effective
\ncommunication, the Hialeah police took Ms. Cuevas to another hospital
\nfor another involuntarily commitment. This psychological evaluation
\nalso determined that Ms. Cuevas was not a threat to herself or to
\nothers and she was discharged. <\/p>\n
The complaint also alleges that the deaf couple received assistance
\nfrom the Legal Aid Society of Miami to ask the Hialeah police to help
\nthem get their baby back from the mother-in-law. Hialeah police
\nrefused to return the baby to the deaf couple without a court order
\nbecause the Hialeah police had transported Ms. Cuevas to the hospital
\ntwice for involuntary commitment. During this encounter between the
\ndeaf couple, the Hialeah police, and the mother-in-law, the Hialeah
\npolice again did not provide qualified sign language interpreter
\nservices to ensure effective communication. About three weeks later,
\nthe deaf couple was finally able to obtain a court order and was
\nreunited with their baby. <\/p>\n
\u001cAs this case shows, not communicating effectively with an individual
\nwho is deaf or hard of hearing can have disastrous consequences,\u001d said
\nNancy Bloch, NAD Chief Executive Officer. Bloch also said, \u001cEqual
\naccess and effective communication are critical when people need to
\ninteract with law enforcement. This case demands remedies to ensure
\nthat what happened to this family never happens again.\u001d <\/p>\n
The complaints request the United States District Court to declare
\nthat the City of Hialeah and Palmetto General Hospital violated the
\nRehabilitation Act of 1973 and the Americans with Disabilities Act of
\n1990 and award money damages to Ms. Cuevas and Mr. Phillips. In
\naddition, the complaints allege that the Hialeah police department
\nviolated the couple\u0019s constitutional rights to due process. <\/p>\n
About the NAD <\/p>\n
The National Association of the Deaf (NAD), founded in 1880,
\nsafeguards the civil rights of deaf and hard of hearing Americans. As
\na national federation of individual members, state associations,
\norganizational and corporate affiliates, the advocacy work of the NAD
\nencompasses a broad spectrum of areas including, but not limited to,
\naccessibility, education, employment, healthcare, mental health,
\nrehabilitation, technology, telecommunications, and transportation.
\nThe NAD website ( http:\/\/www.nad.org
\n) has a wealth of advocacy information and resources. <\/p>\n
About the Law Offices of Matthew W. Dietz, P.L. <\/p>\n
The Law Offices of Matthew W. Dietz, P.L., is committed to ensuring
\nthat all persons receive equal treatment under the law and are not
\nsubject to discrimination based on their race, ethnicity, national
\norigin, gender, disability, familial status, sexual orientation or
\neconomic status. More information is available at
\nhttp:\/\/www.usdisabilitylaw.com
\n.<\/p>\n
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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…<\/p>\n