A New Jersey Court has awarded $400,000 to a deaf patient who claimed her doctor discriminated against her by refusing to provide an interpreter. Irma Gerena sued Robert Fogari, a Jersey City rheumatologist, under the Federal Americans With Disabilities Act and Rehabilitation Act, claiming violations for refusing to provide to interpreter. This is not a new issue. The US Department of Health and Human Services has issued "Guidance to Federal Financial Assistance Recipients Regarding Title Vi Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." A copy of that guidance, issued in January 2004, is available at the link below.
Since almost all medical practices have received payment from Medicare and Medicaid, they will be included within the Act. You should also note that this is not a malpractice claim and would therefore not be covered by your malpractice insurance.
