Rochester Hospitals Sued for Failing Deaf-Blind Patient
The University of Rochester Medical Center’s Strong Memorial and Highland Hospitals consistently violated a Deaf-Blind patient’s civil rights by failing to provide her with interpreters, according to a new lawsuit filed recently by Empire Justice Center and Andrew Rozynski of Eisenberg & Baum, LLP. The hospitals’ failure to provide effective communication left the client, Teresa Battisti, unable to understand what was happening to her during two trips to the emergency room and one scheduled surgery over the past three years, including her medical diagnosis, treatment options, and discharge instructions.
Empire Justice and Eisenberg & Baum filed the lawsuit in the U.S. District Court for the Western District of New York on Ms. Battisti’s behalf against University of Rochester and Highland Hospital for their failure to provide in-person American Sign Language (ASL) interpreters at the University of Rochester Medical Center’s Strong Memorial and Highland Hospitals. Ms. Battisti, a resident of Rochester, New York, is a person who is Deaf-Blind and needs in-person ASL interpretation to communicate with health care providers. The lawsuit alleges the hospitals violated federal and New York State civil rights and consumer protection laws by repeatedly failing to provide in-person ASL interpretation services to Ms. Battisti.
“When hospitals fail to provide necessary communication accommodations for Deaf-Blind patients, they deny them equal access to care and the ability to provide critical information and make informed decisions about their own treatment, often during medical emergencies. This puts patients’ safety and lives at risk,” said Melinda Fithen, Litigation Director at Empire Justice Center. “Effective communication is a fundamental civil right and an essential part of safe medical care. Ms. Battisti seeks systemic change to create accountability, enforceable policies, adequate staff training and sufficient investment of financial resources to ensure that UR Medical Center’s healthcare providers are effectively communicating with Deaf-Blind patients throughout their medical care.”
As stated in the complaint, Ms. Battisti repeatedly requested an on-site ASL interpreter at UR Medical Center hospitals. On more than one occasion, UR Medical Center ignored these requests, attempting to communicate with Ms. Battisti through ineffective and inadequate means, including lip-reading, written notes, Video Remote Interpreting (VRI), and requiring a friend to interpret. These are not suitable communication methods for Ms. Battisti due to her limited vision and the complexity of medical terminology. As a direct result of this communication barrier, Ms. Battisti was unable to participate in her own medical care, causing her confusion, isolation, frustration, fear, and emotional distress.
The lawsuit seeks declaratory relief and compensatory damages and asks the court to order defendants to implement comprehensive compliance protocols at their hospitals. These include ensuring the availability of live, in-person interpreters, developing policies that acknowledge the diverse communication needs of the Deaf-Blind community, and improving staff training.
Individuals who are Deaf-Blind, Deaf, or Hard of Hearing are entitled to equal access to medical care under federal and state law. This lawsuit seeks to enforce these rights at UR Medical Center facilities in Rochester, which is often cited as having among the most Deaf and Hard of Hearing people per capita in the United States.
A copy of the filed complaint is available on the Empire Justice Center website.
Empire Justice Center represents individuals in cases where they have been discriminated against because they are Deaf-Blind, Deaf, or Hard of Hearing. If you believe you have been discriminated against, please contact civilrightspractice@empirejustice.org.
About Empire Justice Center
Empire Justice Center is a statewide nonprofit law firm whose mission is to make the law work for all New Yorkers, particularly for those who need its protection most. We take a full-circle, 360-degree approach to changing systems by engaging in three major and interconnected areas of service. We teach the law by providing training, support and technical assistance to legal services and other community-based organizations; we practice the law by providing direct, civil legal assistance to low-income people with a particular focus on those from marginalized communities; and we change the law by engaging in policy analysis, research and advocacy and undertaking impact litigation to get at the root of systemic issues. Since 1973, Empire Justice has helped protect and strengthen the rights of millions of New Yorkers.
-30-
