Parent alleges medical center violated ADA in treatment of daughter

By Jenie Mallari-Torres | Nov 30, 2018

MARTINSBURG — A parent is suing the county medical center, alleging battery, failure to uphold Americans with Disabilities Act (ADA) regulations and intentional infliction of emotional distress.

DL, as parent of SL, a minor child, filed a complaint in U.S. District Court for the Northern District of West Virginia Martinsburg Division against Beckley Medical Center, West Virginia University Hospitals Inc. and West Virginia United Health Systems, alleging failure to maintain professional standards of care and treatment.

According to the complaint, on Oct. 12, 2016, SL, with a diagnosis of autism, attention deficit hyperactivity disorder, mild intellectual disability and anxiety disorder, was brought by DL to the Beckley Medical Center emergency room for treatment of a wound on her right foot. 

The suit says although the parent made sure to notify the hospital staff about the child's medical condition and advised them to orally administer a sedative and anesthetic to alleviate SL's anxiety, the medical staff failed to provide appropriate accommodations for SL.

The lawsuit alleges the medical center staff used excessive force, restrained and harshly treated SL without the consent of her parent as her guardian. 

The plaintiff alleges the defendants committed battery against a minor child by forcibly retraining her on a hospital gurney and pushing her against the wall, caused distress on the parent by threatening to call the police and lock up minor child in a juvenile facility, and denied a disabled child her right to receive services equal to other individuals.

DL seeks trial by jury, injunctive and declaratory relief, compensatory and punitive damages, restitution, attorney fees, court costs, expenses, and all further just relief. The parent is represented by attorney Shawna White of Disability Rights of West Virginia in Charleston.

U.S. District Court for the Northern District of West Virginia Martinsburg Division case number 18-cv-162

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