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AMNews: April 20, 2009. Making sure your patients know what you're saying ... American Medical News

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AMNews: April 20, 2009. Making sure your patients know what you're saying ... American Medical News
Description

The Americans with Disabilities Act and similar state laws generally prohibit discrimination on the basis of disability. They require physician offices to provide reasonable public accommodations to ensure effective communication. The Rehabilitation Act bars discrimination by anyone who receives federal financial assistance, which includes physicians participating in Medicare, Medicaid or any other joint federal-state program.

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http://www.ama-assn.org/amednews/2009/04/20/prsa0420.htm

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    • Geoffrey Ames Geoffrey Ames
      10 months ago


      Maybe I’m just reading between the lines too much, here (emphasis mine):

      "For that reason, doctors say they should be part of the conversation -- as in any other treatment decision -- as to whether a translator is required.

      We trust our doctors to tell us when we should have an operation, what drugs we should take. We should trust those same doctors in deciding when an interpreter is needed," and when other resources are appropriate, said gastroenterologist Anmol S. Mahal, MD, a past president of the California Medical Assn.

      But, this sounds as if Dr. Mahal is saying that since he’s a doctor (i.e, “God”) and therefore he knows everything, don’t worry, he’ll decide whether you need to know what he’s saying/thinking. Gastroenterologists must know all about deafness, right? Doctors, not unlike the rest of us, don’t always “get it”, when it comes to disability. They are not omniscient (if they were, they would know sign language, right?).

      Further:

      “For example, a complex diagnosis or treatment decision, such as surgery, likely warrants an interpreter, as opposed to routine or maintenance care.”

      Even if a visit to the doctor is routine/maintenance (I’m not sure what that means, as I only go to the doctor when they peel me off the pavement and haul me in a meat wagon), how does the doctor know in advance that he won’t discover some complicated condition that may require complex communication by a qualified interpreter?

      Ultimately, it seems the medical profession has a conflict between providing competent care, effective communication, and good customer service on the one hand, and having legal immunity on the other hand. It’s the same old story, compliance with the law (aka, CYA) is considered a higher priority than fulfilling the intent of the law, by honestly providing non-discriminatory access to goods and services in places of public accommodation.
      U.S. Health Care -- Challenges and Solutions, Healthcare Policy in the United States
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