PALM BEACH GARDENS, FL–(Marketwired – Aug 28, 2013) – LaBovick Law Group filed a federal lawsuit in the United States Southern District Court of Florida Monday afternoon on behalf of a woman who is deaf and was denied treatment at Port St. Lucie Pain Management. The firm’s Director of ADA Litigation, Joseph R. Fields Jr., is using a unique theory that allows him to ask for pain and suffering damages on behalf of his client.
Elizabeth Jones is deaf. She was referred to Dr. Anthony Rogers and his medical practice, Port St. Lucie Pain Management, by her primary care physician. Mrs. Jones made an appointment with the clinic and requested that an interpreter be present for at least the first visit. When advised that an interpreter was necessary for effective communication between Mrs. Jones and the doctor, her appointment was canceled by Port St. Lucie Pain Management. She has continued to experience severe pain and suffering since then. Had the doctor and/or his medical office not canceled the treatment, the woman’s pain problems could have been treated and her pain eased.
The claim alleges the following:
“Defendants have implemented an office policy, practice, or procedure of discriminating against persons with hearing impairments. Specifically, defendants require all deaf patients to provide their own interpreters and/or refuse to provide patients an interpreter at the defendants’ own expense,” and “Plaintiff has suffered emotional distress and damages in the past, and continues to suffer distress and damages in the future due to defendants’ refusal to provide her with medical treatment unless she agrees to pay for her own interpreters.”
Policy is equally important when it comes to providing access.