The United States health care system, often touted for its advanced technology and specialist expertise, can present numerous challenges for Haitians. Language barriers, cultural insensitivity, and, unfortunately, racial bias contribute to marginalization and inadequate care. Law firms in South Florida are increasingly seeing medical malpractice litigation in the Haitian community. But while lawsuits are a good deterrent, the best way to avoid issues is to empower the Haitian community to advocate for themselves and dismantle these disparities.
Disproportionate health care outcomes for people of color are well-documented. Studies reveal that Haitian patients, alongside other minority groups, are more likely to experience longer wait times, misdiagnoses, and inadequate pain management compared to their white counterparts. This disparity stems from a complex web of factors, including unconscious bias held by health care providers, lack of cultural sensitivity in communication and treatment approaches, and historical mistrust within minority communities towards the medical establishment.
While language barriers can undoubtedly contribute to communication difficulties, focusing solely on translation services misses a crucial point. Discrimination often manifests in subtle, unconscious ways. A dismissive tone, minimization of symptoms, or failure to fully explore medical history can all indicate implicit bias. Understanding these subtler forms of prejudice empowers the Haitian community to challenge the status quo and demand equitable treatment.
The Haitian community possesses immense resilience and strength. These qualities are essential in dismantling health care disparities, and it is critical to demand culturally competent care.
How to best advocate for yourself
When visiting a hospital, the best course of action is to take detailed notes on paper or a phone of the conversations and interactions.
Audio or video recording without consent goes against Florida law. However, patients and family members can ask healthcare providers if they will allow a conversation recording. Patients may also request a Haitian Creole translator if communication becomes an issue. Additionally, bringing a friend or family member can be beneficial as often; they can advocate on a patient’s behalf and provide a crucial recounting if care goes awry. And it always helps to have an extra set of ears listening to a patient’s plan of care.
Advocacy is critical to ensuring there are no delays or mistakes in care. If a specialist consult is taking too long, a medication has been ordered but not administered promptly, or there is confusion on the diagnosis or necessary care, speak up and document it.
Patients have the right to seek a second or third opinion from another doctor and can choose to change hospitals. If problems or issues persist, all hospitals have a “Risk Management Department” or office tasked with ensuring high-quality care and that all employees are following hospital policies and protocols. Hospital employees will often go above and beyond to make sure patients are receiving good care and will be responsive to issues if they know Risk Management is aware of the situation.
Finally, if all else fails, patients and their families should know that they have legal rights to seek justice for injuries caused by a healthcare provider’s negligence. Even non-citizens and undocumented immigrants have the right to contact a medical malpractice attorney and file a lawsuit for damages.
But the onus of dismantling health care disparities cannot solely rest on the shoulders of the Haitian community. Health care institutions must proactively address implicit bias among their staff, invest in cultural competency training, and prioritize inclusive communication practices. Policymakers must implement regulations ensuring equitable access to quality care for all.
By working together—patients, health care providers, community organizations, and policymakers—we can create a healthcare system where cultural differences are respected, communication is transparent, and all patients, regardless of race or ethnicity, receive the highest-quality care they deserve.
Jonathan Freidin is the Managing Partner at Freidin Brown, P.A., a Miami-based personal injury and medical malpractice law firm. He has recovered tens of millions of dollars in settlements and jury verdicts on behalf of medical malpractice victims throughout the State of Florida. The Miami native currently serves on the Miami Beach Planning Board and is on the Board of Directors of the Florida Justice Association.
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