Collins v. Dartmouth-Hitchcock, Med. Ctr (Summary)

ADA

Collins v. Dartmouth-Hitchcock, Med. Ctr., No. 13-cv-352-JD (D. N.H. Apr. 7, 2014)

The U.S. District Court for the District of New Hampshire denied a hospital’s partial motion to dismiss a patient’s suit asserting claims under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and various state law claims.  The patient suffered from significant hearing loss, despite the use of a cochlear implant, and at times communicated in sign language.

After undergoing an unsuccessful surgical procedure at the hospital to replace her cochlear implant, the patient awoke, unable to hear at all.  The doctor who performed the surgery knew that the patient would not be able to hear after the procedure, but had not provided her with a sign language interpreter when he met with her to inform her of the outcome of the operation.  Instead, the doctor explained the issues to the patient’s sisters, despite the sisters’ insistence that he directly address the patient.  The doctor attempted to convey the results of the operation to the patient eight hours later, albeit unsuccessfully, never once using an interpreter.  In subsequent appointments, the patient and her family requested an interpreter, though one was never provided.  The patient was allegedly forced by the hospital and doctor to sign a waiver indicating she did not wish to have an interpreter.  The hospital informed the patient that she would not be treated at the hospital unless she signed the waiver.

The court held that the defendants recklessly created a risk of harm, as they failed to provide the patient with an interpreter immediately after her operation, despite knowing that she would be unable to hear, and failed to explain to her what happened during the operation for at least eight hours after the doctor’s initial attempt.  The court further found that the hospital exhibited “malicious or oppressive” conduct in retaliating against the patient by threatening to withhold further medical care and forcing her to waive her rights to an interpreter.