Liese, et al v. Indian River County Hospital Dist., et al, No. 10-15968 (11th Cir. 2012)Annotate this Case
Plaintiffs challenged the district court's order granting summary judgment in favor of the Hospital. Plaintiffs suffered from severe hearing impairment and brought this suit against the Hospital under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and Florida state law, alleging a failure to communicate effectively. The court held that the Hospital's deliberate indifference was sufficient to establish intentional discrimination under section 504 and that actions of medical personnel, including doctors and nurses employed by the Hospital and involved in treating plaintiffs, could be attributed to the Hospital. Accordingly, the court reversed the grant of summary judgment to the Hospital on plaintiffs' claims under the Act and remanded for further proceedings. The court held, however, that summary judgment was properly granted in favor of the Hospital on plaintiffs' state law claim for negligent infliction of emotional distress.