One must have a great deal of patience to wade through the text of the American with Disabilities Act (“ADA”). In addition, different courts in the various federal circuits have arrived at conflicting interpretations. And a recent ADA case affecting physicians gives pause for thought. Here, a rheumatologist in New Jersey, Dr. Fogari was on the receiving end of a $400,000 verdict against him, including punitive damages. To add insult to injury, punitive damages are generally not covered by professional liability insurance. And, it is unclear the underlying ADA case itself was even covered.
The Situation
What happened? The court concluded Dr. Fogari’s transgression was failure to provide an interpreter for his deaf patient. Such an interpreter apparently costs ~$150 to $200 per visit. And Medicare only reimbursed ~$49 per visit. Apparently, Dr. Fogari communicated by exchanging written notes with the patient assisted by family members.
