Wheelchair Accessibility Lawsuits: Did a Nursing or Medical Facility Fail to Accommodate Your Disability? 

Attorneys working with ClassAction.org want to hear from wheelchair users who’ve encountered accessibility barriers at a nursing home, assisted living facility or other healthcare establishment.

They suspect that facilities nationwide may be failing to provide wheelchair users with proper accommodations, such as accessible exam rooms or transfer equipment. It’s believed that facilities with limited accessibility may have unlawfully discriminated against these individuals by denying them equal access to care.

In light of these concerns, the attorneys are looking to file lawsuits to help eliminate these barriers and create more inclusive environments for patients with disabilities.

What Kinds of Healthcare-Related Accessibility Issues Can Wheelchair Users Experience?

Some patients or residents may have also encountered staff members who were not adequately trained to assist wheelchair users.

What Does the Law Say About Accessibility in Nursing Homes and Healthcare Facilities?

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in places of public accommodation—including nursing homes, assisted living facilities, private doctors’ offices, hospitals and clinics.

Under the ADA, these facilities must provide full and equal access for people with disabilities.

As part of this requirement, nursing homes and healthcare providers must accommodate people with mobility disabilities by removing physical barriers. This could involve installing doorways wide enough for wheelchair access or making sure exam rooms have enough space for wheelchair users to make a 180-degree turn.

Nursing homes and healthcare facilities are also responsible for having accessible medical equipment available to those who need it. For instance, medical facilities should have on hand an adjustable height exam table with enough space alongside it to transfer a patient from their wheelchair.

Finally, the ADA requires these entities to make reasonable adjustments to their policies, practices, procedures and services to ensure patients or residents with disabilities have equal access to their services.

In addition to the ADA, most states have their own disability rights laws and accessibility codes. These laws can either have stricter, more lenient or similar requirements to the ADA. However, where a state statute conflicts with the ADA, the federal law ultimately takes precedence and overrides the state law.

For more information on how healthcare facilities are required to accommodate people with mobility disabilities, check out these guidelines from ADA.gov.

What Facilities Are Being Looked Into?

This list is not exhaustive.

How Can Lawsuits Help Facilitate Access for Patients with Disabilities?

A successful lawsuit could force the establishment being sued—whether it be a nursing home, doctor’s office or any other care facility—to make necessary changes to ensure its property and services comply with state and federal regulations.

For example, a 2020 settlement in a lawsuit against Tufts Medical Center has required the hospital to ensure that at least 10 percent of its patient rooms contain an accessible toilet room, shower and height-adjustable bed. A successful lawsuit could also serve as a warning to other care facilities that may not be acting in compliance with state and federal disability requirements.

Some states also allow for the collection of statutory damages, meaning that those involved in a successful case may be entitled to a monetary award. For instance, in California, any violation of the ADA constitutes a violation of the state’s Unruh Civil Rights Act, which provides damages of $4,000 per offense.

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