Effective communication is the cornerstone of safe healthcare. But in Florida, one of the most linguistically diverse states in the U.S., language barriers continue to cause preventable harm to patients with limited English proficiency (LEP). Hospitals are legally required to provide qualified interpreters, yet failures in this area are far too common. And when they happen, the consequences can be devastating.
At Freedland Harwin Valori Gander, we understand how critical accurate interpretation is during medical treatment. Whether it’s a misdiagnosis, a medication error, or an informed consent failure, interpreter mistakes can directly contribute to medical malpractice.
Florida’s Language Diversity and the High Risk for LEP Patients
Florida is home to more than 21 million people, and over 28% speak a language other than English at home. Spanish is the most common, followed by Haitian Creole, Portuguese, Vietnamese, and others.
For thousands of Floridians, English is not their primary language, and in medical settings, this can create serious risks:
- Misunderstanding symptoms or medical histories
- Inaccurate or missing diagnoses
- Confusion about medications or aftercare instructions
- Lack of informed consent before surgery or procedures
When professional interpreters are not used, or when poorly trained staff are asked to translate, these risks increase exponentially.
What Counts as an “Interpreter Error”?
Interpreter errors in hospitals may involve:
- Omissions: Key symptoms or concerns are left out
- Additions: The interpreter adds their own interpretation or commentary
- Mistranslations: Medical terms are translated incorrectly
- Unqualified interpreters: Using family members, friends, or staff who are not certified
- Cultural misunderstandings: Failing to account for idiomatic expressions or medical taboos
In some cases, no interpreter is provided at all, leaving patients to guess or remain silent out of fear.
Real Examples of Interpreter-Related Harm
Interpreter errors aren’t just hypothetical; they have led to real and tragic outcomes across the U.S., including in Florida:
Misdiagnosis Due to Poor Translation
In one reported case, a young boy’s Spanish-speaking family described his symptoms as “intoxicado.” The untrained interpreter translated this as “intoxicated,” leading doctors to treat him for a drug overdose rather than a brain hemorrhage. The delay in proper treatment left the child permanently disabled.
Surgical Consent Without Explanation
A non-English-speaking patient in Florida underwent surgery after signing a consent form they could not read, with no interpreter present during the explanation. Post-surgical complications revealed they had misunderstood the risks, raising questions about informed consent violations.
Medication Errors
Incorrect dosage or drug administration is another major risk. If an LEP patient cannot ask questions, clarify instructions, or report side effects, they may take medications incorrectly, leading to complications that could have been prevented.
How Interpreter Errors Lead to Medical Malpractice
To prove medical malpractice, Florida law requires three elements:
- A duty of care existed between the healthcare provider and patient
- The provider breached the standard of care
- The breach directly caused harm
Interpreter failures can become malpractice when:
- The hospital fails to provide a qualified interpreter
- A critical error in translation causes a misdiagnosis or injury
- The patient was never able to give informed consent
- A language-related misunderstanding leads to improper medication, missed follow-up, or surgical complications
In each of these cases, the hospital or provider may be held liable for violating the standard of care, particularly if state or federal language access laws were ignored.
Federal and Florida Laws Require Interpreter Services
Hospitals that receive federal funding—such as Medicare or Medicaid—are required by law to offer free, qualified interpreter services to patients with limited English proficiency.
Relevant laws include:
- Title VI of the Civil Rights Act (1964) – Prohibits discrimination on the basis of national origin, including language access.
- Section 1557 of the Affordable Care Act – Expands language access requirements for health programs receiving federal assistance.
- Florida Administrative Code (Rule 59A-3.272) – Requires hospitals to have procedures for communication with LEP patients, including during emergencies.
Failing to comply with these laws may not only result in poor outcomes—it may also expose hospitals to legal liability and civil penalties.
Patients with Disabilities Face Even Greater Barriers
Interpreter errors don’t only affect those who speak foreign languages. Patients who are:
- Deaf or hard of hearing
- Visually impaired
- Non-verbal or cognitively disabled
…also face communication risks. Hospitals must provide:
- Sign language interpreters
- Braille materials or large-print instructions
- Communication boards or assistive technology
Failure to do so is both a violation of the Americans with Disabilities Act (ADA) and a potential malpractice risk.
Why Hospitals Cut Corners on Interpreter Access
Despite legal requirements, many hospitals still:
- Use bilingual staff who are not medically trained interpreters
- Rely on Google Translate or mobile apps not certified for medical use
- Ask family members (including minors) to translate
- Assume basic English proficiency is “good enough”
This often stems from:
- Cost concerns
- Understaffing
- Lack of training
- Administrative oversight
Yet, the potential cost of a medical error caused by miscommunication is far higher, both financially and in human life.
What Should Patients and Families Do?
If you or a loved one was injured because of a hospital’s failure to provide proper interpreter services, take these steps:
1. Request Medical Records
These documents can show what was communicated, what wasn’t, and who was present. Look for notes on consent, interpreter use, or translation summaries.
2. Write Down What Happened
Document your experience as clearly as possible. Who was translating? What went wrong? What were you told vs. what happened?
3. Speak to a Medical Malpractice Attorney
Interpreter-related errors are often hard to prove without legal expertise. A qualified attorney can help determine:
- Whether the standard of care was breached
- Whether the error contributed to harm
- What legal options you have for pursuing justice
Contact FHVG If You've Been Harmed
Patients with limited English proficiency deserve the same standard of care as everyone else, but interpreter errors continue to undermine that right. Whether it’s a misdiagnosis, a botched surgery, or consent given without full understanding, language barriers can turn a routine hospital visit into a life-altering tragedy.
These aren’t just communication breakdowns. They’re violations of patient safety, and sometimes the law.
If you or a loved one suffered harm in a Florida hospital due to poor communication, lack of proper interpretation, or unclear consent, you don’t have to accept it as an unfortunate mistake.
Freedland Harwin Valori Gander is a Florida-based law firm that represents victims of medical malpractice across the state. Our experienced attorneys understand how language access violations can lead to serious injury, and we’re ready to help you pursue justice.
Contact us today to schedule your free, confidential consultation.
