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Majocha Settlement: A Success for Deaf Access
by Shane Feldman, editor of NADmag and NAD publications

When Darrin and Anna Majocha arranged a doctor's appointment for their
hearing 15-month old son, D.J., the office refused to provide
interpreting services for Darrin who is deaf and communicates in
American Sign Language (ASL). The Majochas sued the doctor's office
and reached a settlement that will enable Darrin to communicate with
the doctor. The settlement is a victory in the fight for the rights of
deaf and hard of hearing Americans.

Access Denied

In August 1999, D.J.'s pediatrician referred him to a highly
recoomended doctor at Pittsburgh Ear, Nose & Throat Associates for a
surgical evaluation for his recurrent ear infections. The doctor's
office scheduled an appointment to see D.J. before being told that his
father, Darrin, is deaf. After scheduling the appointment, Anna
requested that the office provide a qualified sign language
interpreter so that her husband could attend and participate in the
medical consultation. They refused.

"When the doctors denied us an interpreter, we felt frustrated and
anxious because our son needed care and it was being delayed. We were
persistent with our request because we felt it was important to have
both parents involved in the appointment and we also knew that we were
entitled to have an interpreter," Anna said.

The Majochas pleaded with the office and justified their request
repeatedly without success. The office suggested that Anna serve as
Darrin's interpreter or that Anna come to the appointment alone. "At
one point, the office even questioned the effectiveness of
communication between my husband and myself. It was insulting to have
to explain that we do in fact know how to communicate with one
another," said Anna.

Finally, after continued requests for accommodation, the office
canceled D.J.'s consultation and sent a letter to the Majochas
informing them that the medical practice would not provide medical
care to their child. The Majochas began searching for a new doctor.
"At times we were fearful of being blackballed by other doctors'
offices. We also worried that our son would receive 'second rate'
care," said Anna.

Darrin and Anna filed a lawsuit in March 2000 against Pittsburgh Ear,
Nose & Throat Associates for  discrimination on the basis of
disability. The Majochas were represented by the NAD Law Center and
the Disabilities Law Project of Pittsburgh. They argued that
Pittsburgh Ear, Nose & Throat Associates violated the Americans with
Disabilities Act and Section 504 of the Rehabilitation Act when they
refused to provide a sign language interpreter for communication
between the doctor and Darrin.

A smoking gun

In September 2000, the federal District Court deciding the case handed
the Majochas a resounding victory when it denied a defense motion for
summary judgment in its entirety. In his decision, Judge Donald Lee
cited the letter sent by Pittsburgh Ear, Nose and Throat Associates
denying the Majochas medical care and said the letter was "as close to
a smoking gun as it gets in federal court." The decision set new
precedent for civil rights plaintiffs seeking to change discriminatory
policies through federal lawsuits.

The Majochas are pleased with the settlement, which ensures that
Pittsburgh Ear, Nose & Throat Associates will open its doors to
everyone regardless of disability. The settlement requires that
Pittsburgh Ear, Nose & Throat Associates ensures that deaf and hard of
hearing patients and their family members will be able to communicate
with their doctors; provide qualified sign language interpreters and
assistive listening devices at no charge to patients; thoroughly train
all of its staff and physicians on the new policies; and post signs in
prominent locations in each of its offices advising patients of their
rights and the practice's policies with regard to communication with
deaf persons.

On the right path

Perhaps most significantly, Pittsburg Ear, Nose & Throat Associates,
in signing the settlement agreement, effectively resciended the letter
it sent to the Majochas and agreed to provide medical care to the
Majocha family. Under the terms of the settlement, a qualified sign
language interpreter will be provided for any appointment Darrin
attends with his son. "We just wanted our son to see this fine
doctor," said Anna. With this settlement, the Majochas will get what
they requested.

  "Even though the process of persistently requesting an interpreter
was difficult, it was worth it in the end," said Anna, "I hope our
fight encourages other families with deaf or hard of hearing memebers
to stand up for their rights as well."

Source: NADmag, Feburary/March 2002 issue