Justice chancellor: Language barrier should not hinder emergency treatment

Doctors are not required to know foreign languages, but patients must receive emergency care whatever language they speak, said Chancellor of Justice Ülle Madise.
Several weeks ago, a patient speaking Russian told the media they were denied medical care by a doctor when visiting the ER. The patient did not speak Estonian, while the doctor claimed to speak Russian fluently but would still not treat the patient, according to the report.
Riigikogu member Aleksandr Tšaplõgin (Center) asked the chancellor to clarify how healthcare services should be ensured for patients who do not speak Estonian. Particularly in cases where the patient is unable to arrange for interpretation themselves.
Madise agreed with Tšaplõgin that no patient should be left without medical care. She also stressed that this is a complicated issue.
"On the one hand, a healthcare worker must be sure they understand the patient, as this creates the basis for providing quality healthcare services. The law does not require foreign language skills from a doctor. On the other hand, it is in the patient's interest to receive information about their health and treatment in a comprehensible way. This clearly points to the need for healthcare services to be organized in a way that allows the language barrier to be overcome as smoothly as possible," Madise said in her reply.

"A patient should receive clear answers from the healthcare provider to all questions related to healthcare services. The patient, for their part, must disclose to the healthcare provider, to the best of their understanding, all information necessary for the provision of care and assist in the process. Therefore, one of the preconditions for quality healthcare is mutual understanding between the healthcare worker and the patient," she said.
The justice chancellor said she has explained to the Estonian Medical Students' Association and the Estonian Junior Doctors' Association what healthcare providers should consider when dealing with patients who do not speak Estonian.
"To avoid misunderstandings that may arise due to language barriers, it would be wise to resolve interpretation issues before providing the service. At the time of registering for an appointment, the patient's attention should be drawn to the fact that if they do not understand Estonian well enough, they need to consider arranging for an interpreter. However, if the healthcare provider has promised to handle interpretation, the patient should be informed of the terms under which this will be done," Madise said.

The chancellor of justice noted that the situation is different when it comes to providing emergency care, where delay or failure to provide assistance may result in death or permanent health damage.
"A healthcare worker must provide emergency care within the scope of their competence and the means available to them. Emergency care providers must also consider situations in which they have to admit a patient in urgent need who, due to their condition, cannot arrange interpretation or use technical means for it," she said.
Madise also noted that the language barrier can affect the quality of healthcare services.
"This is not a problem unique to Estonia. The language barrier in healthcare is a global issue. Various solutions have been proposed to address the situation. One option is to develop and implement information technology tools, for example, translation software, and to train medical staff to use them," Madise said.
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Editor: Mari Peegel, Helen Wright