Q: How do you sue a medical clinic for not letting my service dog into the MRI room?
The doctor first told me that I could leave the dog in another waiting area, I told her that he has to be with me. She said she was worried about the MRI and I told her that the dog needs to be in the room at least so we can look at each other. She said the MRI is to loud and that I would have to Reschedule for another clinic site. I told her again that i have already tried to take an MRI across the street and almost did not complete. I had to stop numerous times. The dog is trained to keep eye contact and or sit on my lap because of Anxiety, PTSD and insomnia. She said sorry, we can get you also a wide MRI at another clinic, This is for Los Angeles CA
A:
Your question indicates that you are in IL. The question was posted to the CA forum and should be re-directed to IL attorneys. Assuming that your dog is a true "service animal" and not an emotional support animal, you may have a claim, depending on circumstances.
Business owners may ask an individual with a disability to remove a service animal from the premises (facility) if the animal is not housebroken or if the animal is out of control and the individual does not take effective action to control it. Unwarranted and unprovoked violent behavior, such as uncontrolled barking, growling at other customers, jumping on other people, or running away from the owner are examples of unacceptable behavior.
The owner must use a harness, leash or other tether with his or her service animal unless the individual is unable to do so because of a disability or the use of these would make it difficult or unsafe for the service animal to perform tasks. When a harness, leash or other tether are not being used, the service animal must be under the owner’s control through voice control, signals, or other effective means.
If a service animal is removed from the premises, the individual with a disability must still be offered the opportunity to obtain goods, services, and accommodations.
Here, while you are undergoing an MRI, it is possible, perhaps likely, that the dog would not be under your control. If that is the case, the dog can be excluded. You were directed to alternative accommodations for the MRI, arguably satisfying the business owner's obligations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
