Everyday occurrences such as going to the doctor’s office can become quite traumatic for a hearing impaired person. The inability to communicate symptoms to a medical professional can be overwhelming. There are many rights of the hearing impaired that must be addressed whether by the provider’s office or with the assistance of an attorney. The hearing impaired should be knowledgeable of their rights or seek the advice of an attorney to determine rights when seeking medical treatment.

Right to Interpreter

A hearing impaired patient has the right to have the means for effective communication between themselves, their doctors and the staff at the doctor’s office. The Americans with Disabilities Act (ADA) guarantees the right of the hearing impaired to effective communication with providers. A provider should have an interpreter available for the hearing impaired when the provider is performing standard duties. This includes: obtaining the patient’s medical history, asking questions about the current ailment or injury, diagnosing the ailment, explaining tests and procedures, explaining prescribed medication dosage and usage, explaining follow-up treatment as well as education on prevention of the ailment. A provide who does not provide adequate translating service may face litigation filed by an attorney for the patient.

Undue Hardship for Providers

The cost of the interpreter for hearing impaired patients is considered business costs for the provider. However, the costs of auxiliary aids may exceed the physician’s fee for treating the patient. The ADA does not stipulate that the providing communication avenues for the hearing impaired that would result in financial burden for the provider. If a provider decided to hire an attorney to fight the cost of the interpretative services, he would be well-advised to consider if the costs are considered truly an undue hardship. A provider’s attorney would instruct him that factors that determine undue hardship is whether the expense is excessively costly, extensive, substantial or disruptive. The provider’s finances would be thoroughly reviewed to evaluate the financial resources of the provider. If the provider went ahead with litigation and ADA did not find in his favor, the provider could up paying attorney fees for the opposing side as well as his own attorney fees.

Right for prompt medical care

The hearing impaired has a right to prompt medical care. It should not be postponed due to the provider’s delay in contacting an interpreting service. Also, if the provider uses unqualified interpreters or defers to the patient’s family members who may be present at the time of the office appointment, he is breaching his duty. This breach of duty may be brought to the attention of an attorney who will advise the patient of his or her rights.

Right to Privacy

An attorney can explain to a hearing impaired individual their rights in regards to their medical records. Privacy is so important because the details of diagnoses, conditions and treatment may be intimate and potentially embarrassing. This duty of privacy, which can be explained by an attorney, extends to the employees of the doctor, contractors, agents and representatives. Any breach of this right to privacy is basis for a lawsuit to be filed on the victim’s behalf by an attorney