A Lack of Interpretation

While taking ASL 101 at Tidewater Community College, Star Grieser, my instructor told the class of a recent experience one of her deaf friends had at Chesapeake General Hospital. Star’s friend who is deaf was recently in a car accident. Upon arriving at Chesapeake General Hospital Star’s friend requested an interpreter. The acquaintance that was with Star’s friend knew basic sign language. The hospital asked the acquaintance if he would sign for Star’s friend. The acquaintance did not feel confident in his sign language interpretation and declined to be an interpreter. Again Star’s friend requested to have a sign language interpreter. The hospital denied Star’s friend a sign language interpreter and continued to try to get the acquaintance to interpret. After the fifth request for an interpreter, the hospital relented and a certified sign language interpreter was brought in to interpret. Deaf and hard of hearing patients have the right to privacy. In the short story, Star’s friend was denied and interpreter. The hospital also tried to defer to the friend’s acquaintance that was present to interpret. By doing so, the hospital staff was in breach of duty and was infringing on the patient’s right to privacy, which is illegal.  A greater application of interpreters in society would tear down some of the blocks that we have in the medical and education environments in regards to the deaf community.

Approximately 600,000 people in Virginia are deaf, hard of hearing or hearing impaired. According to Star Grieser, president of the Southeastern Virginia Society for the Deaf (SVSD), it is estimated that 100,000 citizens of Hampton Roads are deaf, hard of hearing or hearing impaired (Star).

The Americans with Disabilities Act, (ADA) of 1990 defines disability as “(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or(C) being regarded as having such impairment.” The Act states that discriminating due to a disability is unlawful (The Americans with Disabilities Act of 1990, Titles I and V). What this statement means is that medical providers such as doctors and medical treatment facilities have a lawful duty to assist patients who are deaf or hard of hearing. The medical provider must make available and cover the cost of a qualified sign language interpreters. If a doctor or medical treatment facility denies a qualified sign language interpreter to a patient that is deaf or hard of hearing, the facility is discriminating against the patient. This course of action is illegal and violates the rights of the patient.

            Hospitals have their own policies, but still have to adhere to the ADA. According to Chesapeake General Hospital, the hospital utilizes a system called Deaf Talk, which is a high-speed, two-way video conferencing service (“Deaf Talk”). This can be helpful to deaf patients if they are not in critical condition and can take the time to converse with an interpreter. The system is time consuming to setup and sometimes is ineffective during critical situations.

Robyn Amos an advocate for Sentara CarePlex in Hampton, Virginia states that the hospital’s policy regarding interpreters is to make a “good faith effort”. The hospital does not employ a full-time interpreter and relies on a website where the hospital chooses from a pool of interpreters in the area or the hospital contacts a company that contracts interpreters if needed. According to Robyn, if a patient comes in with a family member, the patient could use the family member as an interpreter. Robyn stated, “Sometimes there is just no one available” (Amos).

            For many years across the country as well as in Hampton Roads denial of sign language interpreters has been a growing issue. In the case of United States v. Parkway Hospital, Inc., the U.S. Department of Justice filed a lawsuit in 2003 against Parkway Hospital, a private hospital in Queens, New York. The U. S. Department of Justice stated that the hospital failed to provide a qualified sign language interpreter to Sarah Posner, who was a deaf patient. The U.S. Department of Justice also stated that the hospital deferred interpretation responsibilities to Mrs. Posner’s grown children. Mrs. Posner’s children were expected to act as qualified interpreters for information between Mrs. Posner and the hospital staff. The U.S. Department of Justice stated that this was a violation of the ADA. Due to the lack of communication, Mr. Posner was unable to obtain complete information about his wife’s medical condition, treatment and future prognosis. In 2004, the United States District Court for the Eastern District of New York ordered Parkway Hospital, Inc. to pay $125,000 in compensatory damages to the family of Mrs. Posner. This case is just one of many that have been brought to light in recent years (United States v. Parkway Hospital, Inc).

            The denial of sign language interpreters is not only restricted to the medical field. Deaf citizen in Hampton Roads have been denied interpreters in many different settings such as the workplace and education environment. The World Federation of the Deaf Congress in Madrid, Spain declared that September 29^th would be known as the International Day of the Deaf. It is also known throughout the deaf community as the International Day of Deaf People and Sign Language. At Norfolk City Hall in Norfolk, Virginia a rally was held not only to bring the deaf community together, but to enlighten the Hampton Roads community about deaf issues. During the rally many topics were discussed ranging from audism to the lack of sign language interpreters in the workplace and education environment. Participants spoke of people who were deaf and very well trained in their profession not having proper safety lectures. The businesses that they worked for would not hire an interpreter or at least purchase a safety lecture video with an interpreter. Parents at the rally stood up and stated that deaf children were not getting a proper education and some deaf children were graduating from some high schools with a fourth grade reading level. Many deaf children in Hampton Roads were not getting the education they so deserved due to the lack of interpreters in the school system (Clark).

According to Lydia Clark, a student at Ocean Lakes High School located in Virginia Beach, Virginia, most if not all deaf and hard of hearing students had interpreters in the classroom. When assemblies are held at the school at least one interpreter translates during the event (Clark). On the other hand, Danielle Race a prior student at Green Run High School and Kellam High School in Virginia Beach, Virginia states that neither high school had interpreters in the classroom for deaf or hard of hearing students. Student would have to rely on lip reading to understand the teachers in the classroom. As far as she knew, neither high school even employed interpreters (Race).

In Hampton Roads interpreters are not a consistent part of the educational environment for deaf or hard of hearing children. There are programs for other disabilities in the school system such as ADHD, learning disabilities and autism. Why were deaf and hard of hearing children being denied?

            It is a well known fact that if a person speaks a foreign language such a Spanish, French or even Japanese and goes to an emergency room or needs an education an interpreter is provided. If the patient or student is deaf, the same rules do not apply because sign language is not considered a foreign language in the Hampton Roads area or even in the country. Sign language needs to be recognized as a foreign language by federal and state authorities. The laws and policies of the federal government, state governments, Patient Bill of Rights and hospital policies have not been clearly established for the deaf community. The guidelines that are enacted now leave room for manipulation or complete disregard of the rights of the deaf and hard of hearing. Laws and guidelines need to be rewritten to specify the rights of the deaf and hard of hearing in regards to their rights to have an interpreter. The federal government and state governments are quick to prosecute discrimination violations on a religious or racial level, but not on a disability level. People and establishments alike should be prosecuted for violating these rights.

A greater application of interpreters in society would tear down some of the blocks that we have in the medical and education environments in regards to the deaf community. Deaf people should receive the same treatment as a person from a foreign country. People would be more aware of a culture that has been shunned from society for hundreds of years. The Declaration of Independence states that all men are created equal (Declaration of Independence). I have learned that is not the case.

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Work Cited

Amos, Robyn. Personal interview. 10 October 2007.

Chesapeake General Hospital, Unknown. Personal interview. 10 October 2007.

Clark, Celista. Deaf Rally. Virginia Beach, Virginia. 26 September 2007.

Clark, Lydia. Personal Interview. 3 November 2007.

Grieser, Star. “American Sign Language 101”.Tidewater Community College, Norfolk,

            Virginia 23 August 2007.

Jefferson, Thomas. Declaration of Independence. 4 July 1776. http://www.archives.gov/national-archives-experienc/charters/declaration_trasnscript.html>.

Race, Danielle. Personal Interview. 3 November 2007.

The U.S. Equal Employment Opportunity Commission. Americans with Disabilities Act of 1990, Titles I and V. 26 July 1990 < http://www.eeoc.gov/policy/ada.html>.

United States v. Parkway Hospital, Inc. The U.S. Department of Criminal Justice Civil Rights Division. Access for All: Five Years of Progress, I. Enforcing the ADA PART 2, 5. Equal Access to Parks and Recreation. 29 April 2004. < http://www.ada.gov/5yearadarpt/ii_enforcing_pt2.htm>.