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The Legal Risks of Video Remote Interpreting (VRI)

onsite hospital interpreting services

Why On-Site Medical Interpreting Services Should Be the Preferred Option

Doctors and medical professionals have long struggled with providing medical interpreters for non-English speaking patients. The typical complaints are that the on-site medical interpreters are too expensive, unavailable or too hard to find. However, according to the law, the medical profession is required to provide a patient with a foreign language interpreter in order to ensure doctor-patient understanding and to secure implied consent. Interestingly, judicial interpretation of the law does not establish an absolute requirement that an interpreter be provided in a particular situation. However, in order to remain compliant, auxiliary aids must provide effective doctor-patient communication. Auxiliary aids have been interpreted to mean everything from qualified foreign language interpreters to video remote interpreting services (VRI).

As hospitals and medical centers look to cut costs, many are looking towards VRI as an option. However, before making the switch from in-person, face-to-face on-site medical interpreters to VRI, one must consider the malpractice risks. In general, by providing a qualified foreign language medical interpreter one will satisfy all legal requirements and not open themselves up to a malpractice claim.

Problems with Video Interpreting

Using VRI, on the other hand, comes with additional requirements – many of which are dependent on the quality of technology – any requirement which that is not fully satisfied puts the user at risk for failing to comply with the law and thus committing malpractice. Needless to say, there are risks associated with VRI.

Although there are no position statements on the use of VRI as applied to non-native English speakers, one can turn to the position statements of organizations promoting the Americans with Disabilities Act, which also requires the provision of interpreters. For example, according to the National Association of the Deaf (NAD), in order to avoid malpractice, the following technology-related recommendations are made:

Although the NAD recognizes VRI as a technology that may be used by hospitals and other medical centers to ensure immediate communication access, it also clearly states that the ‘use of on-site interpreters should always be paramount‘ and ‘when VRI is used in the absence of any available on-site interpreter, it must be used properly in terms of policy, procedure and technology’. When it comes to using VRI technology to communicate with a non-native English speaker, a similar position should be taken.

Using an on-site medical interpreters guarantees compliance, whereas using VRI comes with a laundry list of additional requirements and abominable costs. Failure to conform to any of these requirements is not only a failure to ensure effective communication in accordance with the law, but also creates unnecessary risk to the well-being of the patient – thus opening the door to a potential malpractice claim.

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