Dr. Mark A. Nowacki, ADA Violation, Florida 2021

Breach of Trust: St. Petersburg Doctor Settles Claim to Improve Services to Patients with Communication Disabilities

In a shocking display of disregard for patients with disabilities, Dr. Mark A. Nowacki, a St. Petersburg-based internal medicine specialist, has agreed to settle a claim that his medical practice, Mark A. Nowacki, M.D., P.A., violated Title III of the Americans with Disabilities Act (ADA).

The U.S. Attorney’s Office for the Middle District of Florida opened an investigation into Dr. Nowacki’s practices after receiving a complaint from a deaf individual who alleged that the doctor denied her request for an American Sign Language (ASL) interpreter during a phone call to schedule an appointment in October 2021.

According to the complaint, Dr. Nowacki failed to provide the interpreter, leaving the patient without access to his healthcare services. The investigation revealed that Dr. Nowacki’s practice had a history of denying requests for auxiliary aids and services, including interpreters, to patients with communication disabilities.

Under the terms of the settlement agreement, Dr. Nowacki must adopt a written effective communication policy, provide qualified interpreters when necessary, implement effective communication training for all employees, maintain a log of requests for auxiliary aids and services, and report any complaints alleging ADA violations to the U.S. Attorney’s Office.

The settlement also requires Dr. Nowacki to pay $1,000 in compensatory damages to the complainant. This incident serves as a stark reminder of the importance of accessibility in healthcare services and the need for medical professionals to prioritize the needs of patients with disabilities.

Individuals who believe they may have been victims of similar discrimination are encouraged to contact the Civil Rights Unit of the U.S. Attorney’s Office for the Middle District of Florida at (813) 274-6095 or email USAFLM.Civil.Rights@usdoj.gov. To file a civil rights complaint, visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The U.S. Attorney’s Office for the Middle District of Florida is committed to protecting the rights of individuals with disabilities and ensuring that public accommodations, including healthcare providers, comply with the ADA.

For more information on the ADA, visit https://www.ada.gov or call the U.S. Department of Justice’s toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.

Mandatory Facts:

Defendant: Dr. Mark A. Nowacki, M.D.

Criminal Charges: Violation of Title III of the Americans with Disabilities Act (ADA)

City and State: St. Petersburg, Florida

Exact Date: October 2021

Sentence or Outcome: Settlement agreement requiring Dr. Nowacki to adopt a written effective communication policy, provide qualified interpreters, and pay $1,000 in compensatory damages

Dollar Amounts: $1,000 in compensatory damages

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