Injuries

A few conditions where an infant is hearing impaired due to injuries or errors during the pregnancy or delivery have been identified. Although the majority of cases of a child being hearing impaired is traced back to congenital causes, about 45% of deafness are the result of accidents, injuries or illnesses during pregnancy or the birth process. An attorney who specializes in malpractice may be helpful in determining whether or the parents have a claim against the doctor or medical facility. A claim for financial compensation may make the difference between proper education and medical care for the child, so parents should not be reluctant to discuss the details with an attorney.

Hearing Impaired Condition Due to Maternal Illness

A hearing impaired child may be the result of the mother’s illness during pregnancy. Certain diseases in the mother are known to be the cause of the infant’s deafness. It is for this reason that women who are contemplating starting a family should be certain to have immunizations up to date. Since most people in the West are vaccinated as children, the likelihood of contracting one of the diseases related to hearing loss is less likely. In instances of deafness due to illness of the mother, there is less likelihood for the services of an attorney to be helpful. However, an attorney should be contacted if unusual causes for the maternal illness are present.

Hearing Impaired Condition Caused by Premature Birth

Premature birth is another major cause of a child being hearing impaired. In this instance, hearing loss may be accompanied by one or more other disabilities related to the child’s stage of development at birth. Legal issues can be addressed by an attorney qualified to deal with such cases. The costs of caring for and educating such a child can be devastating to the family. The advice of an attorney may be required to sort out both physical and financial issues.

Hearing Impaired Condition Due to a Birth Injury

Some birth injuries can cause a child to be hearing impaired, but the diagnosis of deafness may not be made for weeks or even months following birth. Deafness due to a birth injury such as improper use of forceps is uncommon. The usual manifestation of a birth injury is epilepsy, muscle control or nerve damage. The services of an attorney should be sought as soon as there is reason to believe that a child may have suffered a birth injury. The attorney can help the parents plan ahead for eventualities in the care and treatment of the child.

Hearing Impaired Condition Caused by Medication

The advice of an attorney may be needed if the individual becomes hearing impaired due to the effects of certain types of medication. The medications involved that are known to cause hearing problems are for serious illnesses such as tuberculosis, malaria and cancer. For the woman who may be pregnant, any drug prescription should be discussed with the medical professional. In that case of antibiotics taken before the pregnancy is realized, there may be no claim available. Again, the advice of an attorney should be sought for specific guidance.

Americans with Disabilities

Those who are hearing impaired form the largest group of Americans covered under the Americans with Disabilities Act (ADA). At least 24 million people are hearing impaired, of whom three million are school age children. It is important to realize that the ADA is complaint-driven; it doesn’t happen without positive action on the part of the deaf individual or the attorney representing his or her interests. Those with impairment of their ability to hear have the right to have assistive equipment made available when they are in places such as hospitals, schools, courtrooms and public meeting rooms. An attorney may help to ensure compliance for the provisions of the ADA and other applicable legislation.

Hearing Impaired in the Justice System

Under the Americans with Disabilities Act, those who are hearing impaired have the right to have assistive listening devices in courtrooms, or any other public assembly site where there are permanently installed sound systems or where there is permanent seating for more than 50 people. If necessary, those who are hearing impaired have the right to have an interpreter to explain rights, or to coordinate information with the attorney. When a deaf person is involved in the justice system, it is important to have an attorney who understands the rights of the deaf under the ADA.

Provisions of the Americans with Disabilities Act for Hospitals

Emergency room care, services for inpatients and outpatients, educational classes, gift shops, surgery and clinics are all covered under the Americans with Disabilities Act for hearing impaired individuals. According to attorney-provided specifics, information that doesn’t require lengthy interactive communication such as a gift shop purchase or inquiry about a patient’s room number can be accomplished through hand signals or written notes. Information sheets prepared for the hearing impaired can be useful for the general public as well. In most other instances, such as explaining or discussing symptoms, treatment options or group therapy sessions, the attorney retained for the medical facility has indicated that a qualified interpreter must be provided.

Hearing Impaired in Places of Assembly

Although much has been written to explain the rights of hearing impaired under the ADA, the services of an attorney may be required in order to make certain the building or organization is in compliance. An attorney who works with the deaf or who specializes in the specifications of the ADA can make certain there is compliance so that the organization with a large public meeting-place prevents issues from arising, rather than trying to explain after the incident has occurred. Generally, any place of assembly that has fixed seating for 50 people or more must provide assistive devises.

Hearing Impaired on the Job

The focus of questions during an employment interview for a hearing impaired person must focus on whether the individual would be able to perform the duties of the job with or without special accommodation. Employers can’t ask how bad the hearing loss is, for example. The prospective employer is not required to hire an otherwise qualified person as a receptionist in a busy location. An attorney who specializes in this type of law would be able to advise the employer about general questions that might be considered as discriminatory. The attorney can also review a list of specific questions for appropriateness.