Lawsuit: Lee Health Denies Blind Users Access to Online Medical Information

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A blind individual has filed a proposed class action lawsuit in Florida over allegations that Lee Health (which does business as Lee Memorial Health System and www.leehealth.org) failed to make its website accessible to disabled individuals. Citing potential violations of the Americans with Disabilities Act and the Rehabilitation Act, the suit argues that the defendant’s website unlawfully contains access barriers that hinder blind people from using screen readers to interpret the site’s content.

The plaintiff – who has cerebral palsy, is legally blind, and is confined to a wheelchair – says he called Lee Health to inquire about the services it offered but was referred to the defendant’s website. He allegedly attempted to navigate the site multiple times but was unable to access the information he needed. The suit notes that the site allows users to perform the following functions:

• access their medical records;
• pay their medical bills;
• find locations of an appropriate medical facility;
• request prescription renewals;
• receive important health reminders;
• learn about medical professionals and their specialties
• make an appointment with a doctor using their web profile's number;
• find out about insurance, including Medicare- and Medicaid- covered medical services;
• learn about financial assistance;
• inquire about clinic and hospital admissions;
• investigate ailments and conditions and obtain comprehensive health care information through the "Health & Wellness" section of the site;
• view schedules for Healthy Life Center wellness classes; and
• fill out pre-registration forms.

The suit claims the site contains various “Programming Error Types” that block screen readers from being able to interpret the content. Specifically, the complaint mentions a lack of alternative text, failure to identify a language, presence of Flash content, and redundant and empty links, among other issues. The plaintiff further claims that he was unable to find an Accessibility Notice that would provide contact information for someone who could help him locate the information he needed.

“The fact that Plaintiff could not communicate with Defendant's Website left him excluded from accessing necessary health care information, including Defendant's physical locations,” the complaint reads, “and further left him with the feeling of segregation, rejection, isolation, and unable to participate in Defendant's services, programs and activities in a manner equal to that afforded to others.”