SOURCE: LaBovick Law Group

LaBovick Law Group

August 28, 2013 10:00 ET

LaBovick Law Group Files Unique Federal ADA Lawsuit Against Pain Management Clinic

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."

Mrs. Jones, in accordance with the 11th Circuit Court's opinion of Sheely vs. MRI Radiology Network, is seeking damages for mental and emotional distress caused by personal humiliation, denial of procedural due process and impairment of reputation because she has been forced to continue suffering as a result of medical conditions that the defendants will not treat, and of which she cannot find another clinic for. 

"It is appalling that a medical doctor who presumably took the Hippocratic Oath would deprive his services to a suffering woman who is deaf simply because he doesn't want to pay for the services of an interpreter," Fields said. "He will now be called upon to pay for her continued suffering that he could have alleviated months ago."

This case is similar to the lawsuit filed in July by the United States Department of Justice against Dr. Hal W. Brown and Primary Care of the Treasure Coast, Inc. The claim alleges that the doctor and medical practice refused to provide interpreters to deaf patients and therefore violated the Americans with Disability Act by discriminating and retaliating against the couple.

About LaBovick Law Group:

LaBovick Law Group is a consumer litigation law firm, providing a wide range of legal services to clients in Florida. The firm's major practice areas include personal injury, maritime/admiralty, Social Security disability, Veterans Affairs, ADA litigation and family law. The firm has main offices in Palm Beach Gardens and Lake Worth and has satellite offices available for consultations in Boca Raton and Stuart. For more information, please visit www.labovick.com

Contact Information

  • CONTACT:
    Sydnee Newman
    LaBovick Law Group
    561-624-2327
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