A former patient sued NYU Langone Health after it allegedly failed to accommodate her with an American Sign Language interpreter before and during the delivery of her child, which the patient argues is in violation of several disability rights laws.
The patient, Aneta Brodski, also included New York City-based gynecology center Carnegie Imaging for Women in the lawsuit. According to the complaint, Brodksi, who is deaf and has been a patient with Carnegie Imaging since 2020, had attended the center at least 13 times for ultrasounds and was denied an interpreter during those appointments.
In November 2021, Brodski and her husband, Chris Besecker, were redirected from Carnegie Imaging to NYU Langone’s Tisch Hospital while she was in labor, after first being referred to Mount Sinai Hospital and later to Woodhull Medical Center. The couple requested an ASL interpreter during her transfer to Tisch Hospital in an ambulance, but none were present upon arrival according to the complaint.
“Without the benefit of a qualified interpreter, Plaintiff Brodski had little to no knowledge of the labor process, treatment, delivery and care of herself and her newborn baby,” the complaint reads. “Plaintiffs experienced discrimination which resulted in a violation of their civil rights through Defendants’ policies and practices.”
Besecker is claiming discrimination on the basis of association with a person with a disability under the Americans with Disabilities Act, according to the complaint. He is suing on the grounds that he was occupied providing his wife with effective communication instead of “being there as her support and to enjoy the birth of his first child.” Besecker is not a professional or qualified sign language interpreter.
An attorney for the couple declined to comment due to the ongoing nature of the case.
In August, NYU Langone and Carnegie Imaging responded separately to the complaint, with both institutions denying that Brodski and Besecker were discriminated against on the basis of disability. NYU Langone also denied not giving Brodski proper accommodations, claiming that the hospital provided a sign language interpreter during the three days her child was under its care. According to Brodski’s complaint, the interpreter was only present for a total of four hours.
“NYU Langone provides comprehensive interpreter services to patients of all backgrounds, including those who are deaf or have hearing difficulties,” Steve Ritea, a spokesperson for NYU Langone, told WSN.
In another statement to WSN, Victoria Fischer, a spokesperson for Carnegie Imaging, said that while the center cannot comment on the specifics of the lawsuit, it has always ensured an environment free from disability discrimination.
In the most recent development in the lawsuit, which began this past June, the court ordered that all discovery — or discussion between the couple and the two institutions before trial — must be completed by February 2024. If the jury in the trial rules in Brodski and Besecker’s favor, the court could compensate them for physical pain, loss of opportunity and emotional distress.
This isn’t the first time NYU Langone has been accused of disability discrimination. This past January, the medical center was sued by a former employee who had undergone hip reconstruction surgery and requested to work fewer hours than normal as a result. After requesting an extension of her accommodation, the employee was fired. In a separate case from 2019, another former employee was allegedly fired after requesting accommodations for his chronic back pain. The case was settled outside of court in July 2022.
Contact Yezen Saadah at [email protected].
