Business & Tech

Neurology Firm Settles Federal Disabilities Case

From Staff Reports

OLD FOURTH WARD — 
The U.S. Attorney’s Office for the Northern District of Georgia said Thursday it reached a settlement agreement with Midtown Neurology, P.C. to resolve an investigation into allegations that it violated Title III of the Americans with Disabilities Act by failing to ensure effective communication with individuals who are deaf and hard of hearing.

The investigation followed  a complaint filed with federal officials alleging that on at least three occasions, Midtown Neurology, which is at 285 Boulevard, failed to provide appropriate auxiliary aids and services when necessary to ensure effective communication.

The complainant s deaf and uses American Sign Language as her primary means of communication.  On three separate visits to Midtown Neurology, the complainant alleged Midtown Neurology failed to provide a qualified sign language interpreter when necessary to ensure effective communication.  During one of the visits to Midtown Neurology, she alleged she underwent an elective medical procedure which was very painful and because she did not have effective communication before and during this visit, she was scared and did not understand what was happening. 

According to the complainant, she cried, yelled, and tried to ask the doctor to stop the procedure. Because the doctor did not understand her request, the doctor continued the procedure.

Midtown Neurology denied these allegations but agreed to cooperate with the United States Attorney’s Office to resolve the complaint.

“Every person should have the ability to fully participate in their own health care decisions as well as the decisions that impact their loved ones,” said United States Attorney Sally Quillian Yates.  “Our office will continue to devote resources to eradicate barriers to health care for persons with disabilities.”

Under the settlement agreement, Midtown Neurology agreed to ensure that it provides effective communication to patients who are deaf and hard of hearing in the future.  In the future, at the time a person who is deaf or hard of hearing makes an appointment, Midtown Neurology will consult with the person who is deaf to determine which aids and services are appropriate.

Among other things, Midtown Neurology agreed to hire an outside group to conduct mandatory ADA training for all its employees and to provide reports to the United States Attorney’s Office regarding its compliance with the settlement agreement.

Midtown Neurology also agreed to pay $20,000 to the complainant and a civil penalty in the amount of $2,000 to the United States.

The ADA prohibits discrimination against individuals with disabilities by health care professionals. Under the ADA, health care providers are required to provide effective communication to individuals who are deaf and hard of hearing.

When complex, lengthy communication is involved, the ADA generally requires health care professionals to provide qualified sign language interpreters for the person who is deaf or hard of hearing.

This agreement is part of the Department of Justice’s Barrier-Free Health Care Initiative, which is a partnership of the Civil Rights Division and U.S. Attorneys’ offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities.

The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of more than 40 U.S. Attorneys’ offices, including the U.S. Attorney’s Office for the Northern District of Georgia.


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