Brattleboro Memorial Hospital has reached a settlement with the U.S. Department of Justice over allegations that the hospital violated the Americans with Disabilities Act during patient visits dating back to at least 2018.
The U.S. attorney for the District of Vermont received a complaint from a patient who said Brattleboro Memorial failed to provide qualified sign language interpreters and appropriate auxiliary aids and services during visits to the emergency department.
After an investigation, the U.S. attorney’s office said it discovered other patients, whose primary means of communication is American Sign Language, who did not receive adequate services from the hospital.
Under terms of the agreement, the hospital says it will provide qualified interpreters, create a new grievance procedure, provide training to its staff personnel on effective communication, and designate a program administrator who will coordinate 24/7 access to auxiliary aids and services.
“BMH believes the agreement represents a positive step forward and aligns with the Hospital’s ongoing commitment to accessibility, inclusion, and high-quality care for all patients,” hospital spokesperson Gina Pattison wrote in a prepared statement. “The agreement reflects improvements BMH has implemented over the past several years to better serve patients who are deaf or hard of hearing.”
Pattison wrote that the hospital worked cooperatively with the Department of Justice throughout the investigation, and that over the past few years a series of new steps have been taken to better serve the deaf and hard of hearing community.
Since 2023, Brattleboro Memorial has been working with the group Deaf Vermonters Advocacy Services to update policies, procedures, staff education and clinical practices, according to Pattison.
Pattison said the hospital now has an on-call, in-person interpreter program along with access to video remote interpreting services.
The settlement agreement also requires the hospital to establish a fund to compensate people who have been affected by the failure to provide appropriate communication services from 2018 through 2025.
“For the average person, going to the ER during a medical emergency is scary. Deaf individuals have the added stress and worry that they will not be able to communicate their symptoms, understand the doctor's questions, or give consent because they do not have effective communication,” Deaf Vermonters Advocacy Services Director Rebecca Lalanne wrote in an email. “It is everyone’s hope that this agreement will change that experience and that BMH will assess and accommodate in accordance with the law.”
The U.S. attorney’s office will not pursue further legal action, according to the agreement.
Any person who visited the hospital and failed to receive appropriate services can contact the U.S. attorney’s office to fill out a civil rights complaint form.
“It is well settled under the ADA that patients have the right to effective communication in hospitals and doctors’ offices,” the Department of Justice press release said. “BMH has already taken steps to comply with its obligations under the ADA. And with the resolution agreement, BMH will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions.”
