Nelson & Crouse

Disability rights · medical and public settings

Failure to provide a sign language interpreter

A hospital, police department, court or government office that cannot communicate with a Deaf person has to fix that, and the fix is usually a qualified interpreter. Note-writing, a family member, or a video feed that keeps dropping is not the same thing, and California law treats the difference as a civil rights question rather than a scheduling inconvenience.

No fee unless we recover Free document review California
Photograph: W.carter / CC0
PrimaryConsideration goes to the aid you request
NoYou cannot be required to bring your own interpreter
6 monthsGovernment claim deadline

The request rule and the primary-consideration rule

A public entity must give primary consideration to the auxiliary aid or service the person requests (28 C.F.R. § 35.160(b)(2)). In practice, when a Deaf patient asks for a qualified sign language interpreter for a procedure, the default answer is an interpreter, not note-writing and not a tablet with a bad connection. A public accommodation covered by Title III has the same obligation under 28 C.F.R. § 36.303(c).

The three substitutions that do not work

  • Handing the person a pen and paper for a conversation about surgery, medication, consent, an arrest or a plea
  • Pulling in a bilingual employee or a family member who happens to know some signs
  • Relying on video remote interpreting where the image, audio or interpreter skill does not support understanding, which § 36.303(g) addresses for Title III entities and DOJ treats as a failure for Title II entities as well

The regulations are specific on two points people are usually surprised by: an entity may not require an individual to bring their own interpreter, and it may not require an adult accompanying the person to interpret except in limited circumstances (28 C.F.R. § 35.160(c)(2)). A minor child may not be used to interpret except in an emergency.

Medical settings

A hospital or clinic is both a public accommodation under Title III and, if it receives federal financial assistance, a recipient under § 504 of the Rehabilitation Act. Discharge instructions, informed consent, medication counseling and mental health assessment are the situations where the failure causes the most serious harm, and where a claim is strongest. The question is not whether the patient understood some of it. It is whether communication was as effective as it would have been for a hearing patient.

Police, courts and government offices

Law enforcement interactions raise the stakes because the consequences are immediate: a misunderstood instruction, a consent search, a statement taken without a qualified interpreter. In California court proceedings, Evidence Code § 754 provides for appointment of an interpreter for a Deaf or hard of hearing participant. In police encounters, Title II applies and the agency's failure to provide an interpreter can support both a civil rights claim and a challenge to what was obtained.

DeadlinesTwo years for a state law claim under Code of Civil Procedure § 335.1. Six months to present a written government claim under Government Code § 911.2 where a public entity is the defendant, and no suit until that claim is acted on (§ 945.4). Federal claims borrow the state period. The administrative complaint to DOJ or HHS does not extend any of these.

What to keep

  • The date, time, department and the names of staff involved
  • Exactly what was requested, of whom, and the words used to refuse
  • Whether note-writing, a family member or VRI was substituted, and how badly it worked
  • The medical or legal consequence: wrong medication, missed instruction, an uninformed consent, a statement you did not understand
  • Any record the facility generated about the encounter

Common questions

Is a video interpreter good enough for a hospital visit?

Sometimes, if the system actually works and the interpreter is qualified. For complex consent, discharge teaching or mental health assessment, a remote feed that keeps dropping is not effective communication and the facility should have provided a qualified on-site interpreter.

Does the hospital have to provide an interpreter for a family member's appointment?

The obligation runs to the patient. A family member who is Deaf and participating in the patient's care may also be entitled to access, and hospitals that bar interpreters for companions create their own exposure.

Can I recover money for this?

Under California law, yes: the Unruh Act and Civil Code § 54.1 support damages under § 52. The ADA itself provides injunctive relief and fees rather than damages.

What if it happened during an arrest?

That is a stronger case than most, and it needs to be reviewed quickly. A statement or consent obtained without effective communication can be challenged, and the six-month government claim deadline applies to state law theories.

Find out where you stand

A short call is enough to start. We will tell you the deadline, whether the evidence still exists, and what the claim is actually worth.