Proctor v. Prince George's Hosp. Center

• Decision Date: 24 August 1998
• Docket Number: No. Civ.A. DKC 96-1870.,Civ.A. DKC 96-1870.
• Parties: James M. PROCTOR v. PRINCE GEORGE'S HOSPITAL CENTER.
• Court: U.S. District Court — District of Maryland

32 F.Supp.2d 820

James M. PROCTOR v. PRINCE GEORGE'S HOSPITAL CENTER.

No. Civ.A. DKC 96-1870.

United States District Court, D. Maryland.

August 24, 1998.

Marc P. Charmatz, National Association of the Deaf, Silver Spring, MD, Laura Lee Rovner, Law Office, Syracuse, NY, Douglas L. Parker, Law Office, P.H., Washington, DC, Lisel Loy, Law Office, Washington, DC, Sunil H. Mansukhani, Institute for Public Representation, PH, Washington, DC, for James M. Proctor, plaintiff.

Eric Hemmendinger, Shawe & Rosenthal, Baltimore, MD, Gary L. Simpler, Shawe & Rosenthal, Baltimore, MD, for Prince George's Hospital Center, defendant.

MEMORANDUM OPINION

CHASANOW, District Judge.

This disability discrimination action is before the court on Plaintiff James M. Proctor's motion for summary judgment as to liability and a cross motion by Defendant Prince George's Hospital Center ("PGHC") for summary judgment as to damages. Plaintiff, who is deaf, alleges that Defendant violated § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and either Title II or III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., when it failed to provide him with sign language interpreters at several points during his hospital stay after a motorcycle accident. Plaintiff alleges that these failures excluded him from meaningful participation in his medical treatment, and that this exclusion amounts to discrimination directly linked to his disability. The issues are fully briefed, no hearing is deemed necessary, and the court now rules pursuant to Local Rule 105.6.

I. Standard of Review

It is well established that a motion for summary judgment will be granted only if there exists no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. FED.R.CIV.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In other words, if there clearly exist factual issues "that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party," then summary judgment is inappropriate. Anderson, 477 U.S. at 250, 106 S.Ct. 2505; see also Pulliam Inv. Co. v. Cameo Properties, 810 F.2d 1282, 1286 (4th Cir.1987); Morrison v. Nissan Motor Co., 601 F.2d 139, 141 (4th Cir.1979); Stevens v. Howard D. Johnson Co., 181 F.2d 390, 394 (4th Cir.1950). The moving party bears the burden of showing that there is no genuine issue as to any material fact. FED.R.CIV.P. 56(c); Pulliam Inv. Co., 810 F.2d at 1282 (citing Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979)).

When ruling on a motion for summary judgment, the court must construe the facts alleged in the light most favorable to the party opposing the motion. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Gill v. Rollins Protective Servs. Co., 773 F.2d 592, 595 (4th Cir. 1985). Further, the court must refer to the substantive allocation of the burdens of production and persuasion to determine the nature of the presentation required by each party. See United States v. Leak, 123 F.3d 787, 793 (4th Cir.1997):

[T]he question of whether that material fact creates a genuine issue must be evaluated in light of the substantive standard of proof that would apply at a trial on the merits. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (holding that a summary judgment motion must be considered in light of the evidentiary burden the substantive law places on the non-moving party).

As the Sixth Circuit has stated:

Rule 56(c) requires the moving party to show not only the absence of a disputed issue of fact but also that he is entitled to judgment as a matter of law. In assessing the sufficiency of the evidence to sustain a particular inference, therefore, the court must also consider the burden of proof on the issue and where it will rest at trial. When the moving party does not have the burden of proof on the issue, he need show only that the opponent cannot sustain his burden at trial. But where the moving party has the burden — the plaintiff on a claim for relief or the defendant on an affirmative defense — his showing must be sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party.

Calderone v. United States, 799 F.2d 254, 259 (6th Cir.1986) (quoting W. Schwarzer, Summary Judgment Under the Federal Rules: Defining Genuine Issues of Material Fact, 99 F.R.D. 465, 487-488 (1984)) (emphasis in original).

A party who bears the burden of proof on a particular claim must factually support each element of his or her claim. "[A] complete failure of proof concerning an essential element ... necessarily renders all other facts immaterial." Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. Thus, on those issues on which the nonmoving party will have the burden of proof, it is his or her responsibility to confront the motion for summary judgment with an affidavit or other similar evidence. Anderson, 477 U.S. at 256, 106 S.Ct. 2505. In Celotex Corp., the Supreme Court stated:

In cases like the instant one, where the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the "pleadings, depositions, answers to interrogatories, and admissions on file." Such a motion, whether or not accompanied by affidavits, will be "made and supported as provided in this rule," and Rule 56(e) therefore requires the nonmoving party to go beyond the pleadings and by her own affidavits, or by the "depositions, answers to interrogatories, and admissions on file," designate "specific facts showing that there is a genuine issue for trial."

Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548. However, "`a mere scintilla of evidence is not enough to create a fact issue.'" Barwick v. Celotex Corp., 736 F.2d 946, 958-59 (4th Cir. 1984) (quoting Seago v. North Carolina Theatres, Inc., 42 F.R.D. 627, 632 (E.D.N.C. 1966), aff'd, 388 F.2d 987 (4th Cir.1967)). There must be "sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (citations omitted).

II. Background

In July of 1991 and January of 1992, deaf former PGHC patients filed complaints with the Office for Civil Rights of the United States Department of Health and Human Services ("OCR"), alleging that the hospital failed to provide them with effective communication during their treatment. In December of 1993, the OCR found that PGHC was in violation of § 504. (Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, Paper no. 18, Ex. A). Shortly before the OCR released its finding, and apparently as a result of the OCR's investigation, PGHC revised its policy on accommodations for hearing impaired patients. (Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment on Damages, Paper no. 23, Ex. 1).

Mr. Proctor is a deaf individual who, on the evening of April 23, 1995, was involved in a motorcycle accident. His left leg and foot were mangled, and he was flown by helicopter to PGHC, where he arrived around 9:00 p.m. His family arrived shortly thereafter.

Upon arrival, Mr. Proctor was lucid, but in shock. The medical record shows that he was medicated with pain-killers and dozed off while in the Emergency Room. Mr. Proctor claims that during this period he motioned to several doctors that he needed a sign interpreter. The Emergency Service Record notes that "the patient is hearing impaired, but reads lips well." (Paper no. 23, Ex. 7). Later that evening, Mr. Proctor's physicians concluded that his foot was not viable and that amputation was necessary. Hospital records indicate that Dr. Bijan Ghovanlou and Dr. Bakulesh Patel spoke to Mr. Proctor and informed him that surgery was called for, but that Plaintiff initially refused to provide consent. (Paper no. 23, at Ex. 8).

At 1:30 a.m. on April 24, doctors treating Plaintiff met with his family and informed them that the foot was unsalvageable and required amputation. They also asked that the family members talk to Plaintiff about the need for the procedure. Evelyn DeMesme, Plaintiff's sister, testified at deposition that, before leaving the hospital, she and her husband reminded an emergency room attendant that Plaintiff was deaf and needed an interpreter. According to the testimony, the attendant told them that an interpreter would be provided. (Paper no. 18, Ex. H at 16).

The next day, Plaintiff was presented with the consent form for the amputation surgery. After some delay, a medical technician from another department was called in to translate.¹ There is some dispute as to exactly what was communicated and as to the technician's level of ability to interpret, but it is undisputed that a nurse read the informed consent form aloud to Plaintiff while the medical technician translated it.² Plaintiff signed the consent form. Dr. Ghovanlou also testified that he conversed with Mr. Proctor while he was prepping him for surgery, and that he was satisfied Mr. Proctor understood his explanation of the surgery. (Paper no. 23, Ex. 9, 28-29).

On April 25, Mr. Proctor was in the Intensive Care Unit, under heavy sedation. While visiting, Mrs. DeMesme requested a licensed sign interpreter, however, none was provided. Dr. Ghovanlou visited Mr. Proctor on this day and testified that he interacted with Plaintiff to the same extent he ordinarily would interact with a patient. On April 26, Mrs. DeMesme asked about the status of providing a sign interpreter. When Mrs. DeMesme later learned that Plaintiff required a second surgery called a "stump revision,"...