Legal Question in Medical Malpractice in Georgia

Does a medical office have to hire a translator for non english speaking patients?


Asked on 7/25/11, 6:39 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

This is not a medical malpractice question. However, to answer your question, no, virtually no business is required to go to the trouble and expense for a patient (or to see the patient for that matter). If it is an issue, the patient should take the responsibility of finding an rppropriate doctor who speaks the language or who has staff that does.

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Answered on 7/25/11, 6:43 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Scott's answer may be in error.

Title III of the ADA covers access to places of public accommodation. Subchapter III - Public Accommodations And Services Operated By Private Entities, Section 12181, Definitions, says that the following examples of private entities are considered public accommodations:

(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

Furthermore, the Department of Justice's interpretation of Title III states that:

Places of public accommodation include...doctors' offices, hospitals,...

The same interpretation says that public accommodations must "Furnish auxiliary aids when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result." (Fundamental alteration means that it would have a substantial impact on the business. For instance, a doctor would no longer be able to provide medical care).

When Is An Interpreter Necessary? An "auxiliary aid" as defined by the ADA means "qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments." Alternative methods means techniques such as writing back and forth on paper, or using computerized means of communication. So when is an interpreter necessary? This question is best answered by the Department of Justice ADA Technical Assistance Manual.

The ADA Technical Assistance Manual, answers the question "Who decides what type of auxiliary aid should be provided?" by stating that the place of public accommodation, e.g. the doctor's office, gets to make the "ultimate decision" as to what methodology to use, as long as the method chosen results in effective communication.

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Answered on 7/25/11, 7:03 am


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