My attorney and I have a mediation meeting next week with ENT doctor who refused to provide a qualified interpreter. I need your ideas, feedback, and perhaps you share your experience what I had been through. This Dr violated ADA law over a year ago during my visit with this Dr by refusing to provide a certified interpreter. Please forgive me this vlog is about 10 minutes. I dont sign as fast as others. ~smiles~
I'd love to hear your ideas and feedbacks via comments below. I'll share your ideas with my attorney. This will help a lot and of course, I plan to share the outcome of the mediation meeting on the next vlog. Thank you very much.
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27 comments:
Yes! easy step!!! cool! I enjoy seeing you from time to time my sister!!!
Gary Brooks
www.blueapplefilms.com/blog
If he violated 1-year ago, then the Statue of Limitation (SOL) has run out. You cannot press charges
disablism.blogspot.com
If that happens more than one year ago, then it is TOO LATE to file a complaint or press charge because of statue of limitations...
Report it to AMA (American Medical Association). they will put his name on the file for violating ADA.
They should NOT use audiologist as an interpreter because of patient/doctor privacy act.
Clarification: I filed the charges last summer (formally). Its not a year yet but the situation happened about a year about. The attorney said I have two years to file the charges. She said usually it takes 6 months to 1 year to investigate through Dept of Justice. Dont ask why. Im using the Advocacy Inc servies that is funded by the State of Texas to help disabilities that experiences discrimination according the ADA law. We are facing the doctor next week to resolve that issue through mediation. Remember the charges has been filed.
Hey Jana ... Go for it! I will do mine soon. A long story thou. Gimme one of your dogs. I am a chihuahua freak. Good to see you again. Diane
Hi, Jana -
Ive got some feedback I think can help you, but its long to put on comments page. Im from Illinois and if you're willing, we can VP so I can give you some feedback that I think can help you obtain the info you need for your mediation coming up.
Just let me know.
Please check with the state law, especially the Interpreter Certficaton law that audiologist may violate since this person is not a certfied interpreter. I do not know if it applies to your state
Also, ADA has a clear definition what the qualified interpreter is.
Hope it helps.
Mark
You made valid points that you wish to make them happen during the mediation meeting. To tell you the truth, it may not work this way as I did in the past. I was successful to make it settled with a nice financial settlement. To exchange, I agreed not to accuse them for ADA violations, not to demand them to have ADA education, blah blah. We (on both sides) agreed not to discuss anything to mention the name of company and not to mention the amount of the settlement - otherwise, they have the right to recover money from me so I can not say more about it. If you still want all things to be taken care of, you have to go to court and have court order them if you win the case. It is pretty tough!!!!
Good Lucks!
There are many loopholes in ADA regulations. Your doctor can agrue that he has so many deaf patients and it is too expensive to provide qualified interpreters as there is some part in ADA regulations that if dr. can prove that total cost of interpreters for all deaf patients'visits et al cause him to go out of business, then he does not violate ADA law at all. It is one of many loopholes here. To overcome, he may consider VRI (interpreter on TV screen) which would cost per minute of interpreting instead of the minimum of two hours, parking fee, additional expenses for interpreters to transport from/to home, et al. VRI cost is much more cost-effective but I hear that some do not like VRI. Think about it.
Thank you
"Reasonable" accommodation in ADA law does not mean that everyone must be "certifed" and it does not have to be very very best as long as a deaf patient is comfortable with that kind of communication between dr. and a person who can sign (either professional or so-so). Dr can discuss that all deaf patients except you were happy with the audiologist who can sign and he does not see any valid point to hire the well qualified interpreters. Some judges understand ADA laws and some other judges STILL do not understand these laws and may be on doctor's side. Hope your lawyer is very good at ADA issues.
Hi Jana,
I do have some suggestions, based on my experiences and from what I've observed. However, this is too long to cover here. Maybe VP?
My email is DeafJana@gmail.com and email me then we can agree a time and day for vp.
Since your ENT doctor failed to provide you an Qualified interpreter so that means he failed to follow the law by your Civil Rights. If you know any of your friends who go to your same doctor so you can ask them to see if they have a similar situtation you have so you can ask them to support you. I know it is between a patient and doctor's privacy act, but one only way to get all deaf patients' names by go through the court first to get an order to get their names only ( not necessary to know their deaf patient's medical records) so your lawyers can contact some deaf patient to ask them questions to help your case build stronger. Also it might help that doctor will realize that real situation so he will do better with all deaf patients in a near future.
Good Luck, plus keep us posted how it going on.
Jana, did you ever try contacting NAD legal services, they may be able to help you out, they have law students working with them, marc charmatz is great!
Let me know.
Some commentors said that they would share it with you via VP, we are at disadvantage of not knowing what these commentors will say to jana. It would be great if we could hear them talk about their experiences, suggestions and ideas so we dont have to reinvent the wheel or have to fight when there are answers out there that we should be aware of.
Since ADA laws has been with us around twenty years, there is a system (blindly) among the communication conflicts that works well with laws...
IE, when my husband lost a job due to communication difficulties, he applied for unemployment wages, and he was denied due to firing. He applied again against the situation, claimed that he was treated unfairly especially with communication situation (blue collar!). There was a hearing provided for him to explain why he deserves unemployment wages. The judge listened, and asked the company why they did not provide an interpreter. The judge decided in the favor of my husband's, based on ADA laws, regardlessly. The company, of course, was not happy about that. There is a penalty about ten thousand dollars for this situation here.
So, check with your state of civil rights department. What about your state deaf and hard of hearing department?
Good luck, Jana...
deafk
Based on reviewing some comments after I did earlier, what you should have done was to report and take action in one or two months rather than one year later (I did right away and hired the private attorney to resolve it in 4 months!! (instead of dealing with EEOC or DOJ both of which did very slow jobs and in many cases, they were not in your favor et al). Also, I think it is a good idea in your situation is to contact NAD legal office because your case is over one year old and probably they find some ways to help you somehow.
Please think about it.
Good Lucks!!!
Thank you for all your feedbacks and suggestions. I'll see how the mediation go this coming week. I again appreciate your time to comment. It helps to know I'm not alone.
hi, jana,
so how s thing going on with the meeting with your lawyer and the doctor who made an insensitive mistake???
Hope things went well. Take care,
deafk
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