Deaf woman sues ER in Round Rock for being denied interpreter & treated against her will

ROUND ROCK, Texas - A deaf woman is suing an emergency room in Round Rock. She claims the doctors and nurses denied her right to an interpreter and was treated against her will. Attorneys for the defendants deny the allegations.

"The whole situation just scared me," Jennifer Kuhnau, the woman suing, signed in ASL.

It was a little after midnight on October 8, 2022, when Kuhnau said she was experiencing significant abdominal pain and drove herself to the Family Emergency Room Round Rock, now known as Family Medical Center at Round Rock.

"I wrote on my phone just saying that I need an interpreter, and I went to show that to the person at the front desk and they wouldn’t even read it, they just ignored me," Kuhnau signed.

She said she asked for an interpreter over and over but was denied one for more than 7 hours. All the while, she was receiving treatment.

"No one told me what they were doing. I didn’t know if I was about to die, I didn’t know what was going on in this situation," Kuhnau signed.

Kuhnau’s attorney said the facility tried to communicate with her through written notes, but said it wasn’t effective.

"Only about 30% of English words have a direct translation to American Sign Language, so when a medical professional is writing notes back and forth with a patient, like ours, they might not be realizing that the words they're using are not understandable," University of Texas School of Law student Jordan Schuck said.

Kuhnau said they gave her an IV.

"They forced me to take this medication," Kuhnau signed.

Kuhnau said she didn’t know what medical procedures were performed, what her diagnosis or condition was, or the steps she needed to take after leaving the facility. She later sought care at a hospital back home in Houston where she was diagnosed with a hernia that required surgery.

"She still is apprehensive and scared of doctors and getting medical attention," Schuck said.

Kuhnau is suing the medical center, two doctors, and three nurses.

"Just because you have a disability or have a difference, does not mean you can be treated differently," Schuck said.

The lawsuit claims discrimination for not providing effective communication, medical malpractice, lack of informed consent, assault and battery, false imprisonment and unlawful restraint, and negligent training and supervision.

"I think the doctor and everyone really needs to learn something from this situation," Kuhnau said.

She said she doesn’t want something like this to happen to someone else.

"It’s troubling that these types of events are still occurring," Higgs Johnson PLLC Associate Fraser Holmes said.

The plaintiffs are seeking monetary damages of less than $250,000 and requiring the defendants to hire live ASL interpreters and consistent video remote interpreting services or other communication accommodations and implement training.

"It's important for places, to realize businesses, medical facilities, that even if an in-person interpreter is not available immediately, there are very easy alternatives like VRI, video remote interpreting, that allows a person to essentially zoom with the person, the deaf individual, and have a conversation that way and translate through that," Schuck said.

In response to the lawsuit, the defendants, "denies generally each and every allegation in plaintiff’s original petition and subsequent petitions and demands strict proof by a preponderance of the evidence in accordance with the laws of the State of Texas.

Kuhnau’s attorneys said the discovery process for this case will begin in the spring.