Arbitrator Finds Kaiser Foundation Health Plan Inc Violated Patient’s ADA Rights
Arbitrator Finds Kaiser Foundation Health Plan Inc Violated Patient’s ADA Rights
SACRAMENTO, Calif., July 9, 2019 /PRNewswire/ -- Cutter Law PC announces it has obtained a victory in an Americans with Disabilities Act (ADA) arbitration claim filed against Kaiser Foundation Health Plan and others, alleging Kaiser failed to make appropriate accommodations for a patient who was deaf. Included in Judge Brian Van Camp’s decision are requirements that Kaiser South Sacramento provide training for staff regarding recognizing the signs of a stroke and use of VRI devices. The patient also received a significant financial award.
The arbitration claim was made on behalf of a client, who was represented by Margot Cutter, of Cutter Law, and Catherine Corfee of Corfee Stone & Associates. On February 25, 2016, the patient checked into Kaiser South Sacramento Hospital for a laparoscopic prostatectomy, using a Da Vinci machine. Having been deaf since birth and relying on lip reading, oral communication, and ASL, the patient brought his mother to the appointment. Kaiser provided a live interpreter for the pre- and post-op interviews.
Throughout his time at the hospital, the patient repeatedly faced discrimination from staff who either failed to adequately communicate with him or provide adequate devices to allow him to effectively correspond with medical staff. Despite repeated requests from family members, hospital staff continually violated the patient’s rights to a discussion about his health.
The arbitrator found that the neurologist erred in not recognizing that the patient’s medicated condition prevented him from requesting better communication. Furthermore, the arbitrator noted that the patient had a right to an effective, two-way exchange with medical personnel, which did not happen.
“Kaiser knew, or had reason to know, that [the patient] was experiencing ineffective communication with Dr. Koopmans, among others, and that his disability prevented him from requesting a reasonable accommodation for communication,” Judge Van Camp wrote in his decision. “If Dr. Koopmans could not have summoned a live interpreter within a reasonable time, at least she could have addressed him directly, in order to allow him to try to read her lips. If she felt that he was too ‘out of it,’ either to engage or to comprehend, then she could have re-scheduled to a time when he could be more receptive.”
Finding for the patient, the judge ordered Kaiser South Sacramento to implement and carry out training so the staff can recognize the symptoms of a stroke, and training for placing and using a VRI device. Kaiser South Sacramento was also ordered to create and post a sign for any room in which a deaf person is staying to alert staff and patients that the patient is deaf. Finally, the judge ordered a monetary award under the Unruh Act, Rehab Section 504, to the patient for being denied effective communication, emotional suffering, and an award for attorneys’ fees.
“We are proud to have protected the rights of the Deaf community,” attorney Margot Cutter said. “This decision sends a message that healthcare providers must ensure equal access and care to Deaf patients. Our client reviewed some of the corrective steps that Kaiser is taking and hopes that his case will make a difference and improve experiences for patients like him.”
About Cutter Law
Cutter Law P.C. is a Sacramento and Oakland law firm that specializes in personal injury, product liability, insurance, and employment lawsuits in individual, group, and class action claims. We have fought successfully against insurance companies, including being co-lead counsel in a class action lawsuit against State Farm that resulted in State Farm being ordered to change its adjustment practices. Our attorneys have been involved in litigation against medical device makers, insurance companies, social media companies, and many other organizations. For more information about Cutter Law or our attorneys or practice areas visit http://www.cutterlaw.com. For a free case evaluation, fill out our contact form or call 707-306-0540.
Contact: Brooks Cutter, 916-290-9400, bcutter@cutterlaw.com; Margot Cutter, (916) 290-9400, Mcutter@cutterlaw.com
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SOURCE Cutter Law
