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Electronic Prescribing Education
Legal Advisor: Hearing Impaired Patients and the Americans with Disabilities Act

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Legal Advisor

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Case Study Outcome

[Under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, physicians are obligated to provide reasonable auxiliary aids and services not just to the patients with disabilities, but also to family members with disabilities. In this case, the complexity of the issue seems to require that the physician provide an interpreter for the deaf father-to-be, at no cost to the couple.

A lawsuit was filed based on these facts alleging discrimination in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, and the United States Department of Justice intervened. The lawsuit ended when all parties entered into a consent judgment under which the physician agreed to pay the couple $25,000 and to adopt a policy for effective communication. This policy provided that deaf patients and their companions will be offered auxiliary aids and services at no charge, and that all such patients will be given notice of the policy. The physician also agreed to provide mandatory, in-service training to all of its staff members to make sure that they are aware of, and complying with, the new policy.]

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