When All Else Fails
I tested positive for COVID in 2022. I did not want to go into the doctor’s office, nor did they want to see me there, but I did want treatment. Fortunately, they have a telehealth option. Unfortunately, there is no caption capability on the patient portal my doctor uses. The meeting with the nurse practitioner was painful. English was her second language, and, for me, her accent was very challenging to understand, forcing me to constantly ask her to repeat herself. Had this been a one-time occurrence, I probably would have written it off as another difficult communication experience. Instead, subsequent telemedicine appointments in 2023 and 2024 were also inaccessible, despite my repeated request for captions.
The story could have ended there. I could have decided it wasn’t worth hitting my head against a brick wall, that my complaints would go nowhere. Instead, I sent a letter of complaint to the doctor’s office, then when that didn’t work, I sent the letter to the parent hospital system. Long story short, after several months of back-and-forth, captioning was provided.
My success was only possible because of the web of laws that work to level the playing field for people with disabilities, including people with hearing loss. These laws, including the Americans with Disabilities Act (ADA), have been the law of the land for many years. Still, they are not universally implemented. Like my doctor’s office, many medical facilities simply do not make the effort to ensure that someone with a hearing loss will get the accommodations needed. If that happens, we could shrug and walk away. Or we could stand up for ourselves, our rights, by making our voices heard.
The first step in this process is understanding that as a person with a disability you do have options. You can, as I did, go to the person responsible for accommodations in your health care setting. That could be an office manager for your doctor, or the CEO of a hospital. Simply taking the initiative and talking to the people who can make the change can be enough.
However, there are times when the people you speak to either don’t know what to do or resist providing access. If going to the healthcare office or the CEO does not work, you still have options. Under the ADA, you can file a complaint with the U.S. Department of Justice (DOJ) – Civil Rights Division: Submit an ADA Complaint. Or you can file a complaint with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR): You can submit a civil rights complaint electronically through the OCR Complaint Portal.
While DOJ does handle these complaints, DOJ themselves note that it can take up to three months for the division to review and respond, and not all complaints are investigated. Some are referred to other federal agencies or the ADA Mediation Program, while others may lead to settlements or lawsuits. (For additional guidance, see File a Complaint | ADA.gov and the ADA factsheet.
Another option is to file a complaint with your State Human Rights Agencies that handle disability discrimination complaints. In some states these human rights laws can be quite strong and end up helping you get the access you need. The website for the Job Accommodation Network includes a list of state human rights agencies.
Finally, you may investigate pursuing a private lawsuit. If you wish to hire your own attorney to take up your cause, be sure to look for someone who specializes in disability rights. Another option is to reach out to a disability law clinic or a nonprofit that specializes in disability law. Not all law clinics or nonprofit organizations take on individual cases. Start with a local disability center for guidance and exploring the possibilities.
In the end, whatever you do, whether talking directly to your doctor’s office, filing a complaint with a federal or state agency, or taking your issue to court, it's important to act. If people with hearing loss are silent, the healthcare facility operators assume no one needs these accommodations. If you stand up for yourself, not only might you receive the access you need, but you will be paving the way for others to receive these essential accommodations.
Lise Hamlin
Lise Hamlin retired from Hearing Loss Association of America (HLAA) in 2024 after working as director of public policy for 16 years. She has a long history of advocating for the rights of people with hearing loss, starting with her work at the Center for Hearing and Communication (CHC) in New York City in the late 1990s. At CHC she worked on a New York State-wide program about hearing loss in health care situations. At HLAA, she served on industry, consumer and federal advisory boards and committees representing people with hearing loss. Lise also worked directly with individuals with hearing loss advocating for access and accommodations.