Two Roads Diverge Medical Interpreting versus Legal Interpreting

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Two Roads Diverge: Medical Interpreting versus Legal Interpreting ATA Conference, October 2018 Originally presented

Two Roads Diverge: Medical Interpreting versus Legal Interpreting ATA Conference, October 2018 Originally presented at: Finding The Parallels, October 13 -15 2017

Medical v. Legal! www. athenaskyinterpreting. com 2

Medical v. Legal! www. athenaskyinterpreting. com 2

In this session, we will… Find where the roads diverge, and where they come

In this session, we will… Find where the roads diverge, and where they come together! We will consider: 1. 2. 3. 4. Codes of ethics Environment Role of the interpreter Perception of the interpreter www. athenaskyinterpreting. com 3

Then we will… Consider scenarios through the lens of the medical setting as compared

Then we will… Consider scenarios through the lens of the medical setting as compared to the lens of the legal setting. www. athenaskyinterpreting. com 4

And finally… We’ll make pretty pictures!! www. athenaskyinterpreting. com 5

And finally… We’ll make pretty pictures!! www. athenaskyinterpreting. com 5

Write it down What makes an ETHICAL interpreter? www. athenaskyinterpreting. com 6

Write it down What makes an ETHICAL interpreter? www. athenaskyinterpreting. com 6

Brainstorm • In groups, answer the following questions: 1. How is medical interpreting similar

Brainstorm • In groups, answer the following questions: 1. How is medical interpreting similar to legal interpreting? 2. How is it different? www. athenaskyinterpreting. com 7

*Insert Shakespeare pic* www. athenaskyinterpreting. com 8

*Insert Shakespeare pic* www. athenaskyinterpreting. com 8

To be a legal interpreter or a medical interpreter… both www. athenaskyinterpreting. com …That

To be a legal interpreter or a medical interpreter… both www. athenaskyinterpreting. com …That is the other question! (PS It’s a trick question. You can be ) 9

1. Codes of ethics medical take a look! www. athenaskyinterpreting. com How is the

1. Codes of ethics medical take a look! www. athenaskyinterpreting. com How is the ethical dilemma resolved in versus legal settings? Well, let’s 10

IMIA Code of Ethics 1. Interpreters will maintain confidentiality of all assignment-related information. 2.

IMIA Code of Ethics 1. Interpreters will maintain confidentiality of all assignment-related information. 2. Interpreters will select the language and mode of interpretation that most accurately conveys the content and spirit of the messages of their clients. 3. Interpreters will refrain from accepting assignments beyond their professional skills, language fluency, or level of training. 4. Interpreters will refrain from accepting an assignment when family or close personal relationships affect impartiality. 5. Interpreters will not interject personal opinions or counsel patients. 6. Interpreters will not engage in interpretations that relate to issues outside the provision of health care services unless qualified to do so. www. athenaskyinterpreting. com 11

IMIA Code of Ethics Cont. 7. Interpreters will engage in patient advocacy and in

IMIA Code of Ethics Cont. 7. Interpreters will engage in patient advocacy and in the intercultural mediation role of explaining cultural differences and practices to health care providers and patients only when appropriate and necessary for communication purposes, using professional judgment. 8. Interpreters will use skillful unobtrusive interventions so as not to interfere with the flow of communication in a triadic medical setting. 9. Interpreters will keep abreast of their evolving languages and medical terminology. 10. Interpreters will participate in continuing education programs as available. 11. Interpreters will seek to maintain ties with relevant professional organizations in order to be up-to-date with the latest professional standards and protocols. 12. Interpreters will refrain from using their position to gain favors from clients. www. athenaskyinterpreting. com 12

Versus…NAJIT Code of Ethics 1. 2. 3. 4. 5. Accuracy Impartiality and Conflict of

Versus…NAJIT Code of Ethics 1. 2. 3. 4. 5. Accuracy Impartiality and Conflict of Interest Confidentiality Limitations of Practice (no giving legal advice) Protocol and Demeanor (maintain register; be unobtrusive and transparent) 6. Maintenance and Improvement of Skills and Language 7. Accurate Representation of Credentials 8. Impediments to Compliance (make known issues impairing hearing or accuracy) www. athenaskyinterpreting. com 13

Compare the Two Codes …Where did these two roads diverge? www. athenaskyinterpreting. com 14

Compare the Two Codes …Where did these two roads diverge? www. athenaskyinterpreting. com 14

2. Environment Courthouses and hospitals are similar: • Intimidating on the outside • Chaotic

2. Environment Courthouses and hospitals are similar: • Intimidating on the outside • Chaotic on the inside • Strict rules and regulations • Messy situations and ubsetting outcomes. So, terminology and subject matter aside, what’s the difference? www. athenaskyinterpreting. com 15

Environment: Collaborative v. Adversarial www. athenaskyinterpreting. com 16

Environment: Collaborative v. Adversarial www. athenaskyinterpreting. com 16

Environment: Collaborative v. Adversarial • Court: Communication faciliator • In a hospital, communication facilitator

Environment: Collaborative v. Adversarial • Court: Communication faciliator • In a hospital, communication facilitator and… …part of a team! www. athenaskyinterpreting. com 17

Brainstorm: 1. What is community interpreting? 2. What distinguishes it from other types of

Brainstorm: 1. What is community interpreting? 2. What distinguishes it from other types of interpreting? www. athenaskyinterpreting. com 18

3. Role of the Interpreter Role change: • Court: Conduit and clarifier. The buck

3. Role of the Interpreter Role change: • Court: Conduit and clarifier. The buck stops there. • Healthcare setting: Incremental Intervention …Anyone care to explain? www. athenaskyinterpreting. com 19

Role: Incremental Intervention • • Conduit Clarifier Cultural broker Advocate …Consider conduit to be

Role: Incremental Intervention • • Conduit Clarifier Cultural broker Advocate …Consider conduit to be the meal, and these last three as expensive spices. Use sparingly and always return to conduit as quickly as possible! No matter what, stay transparent. www. athenaskyinterpreting. com 20

4. Perception of the Interpreter Court: “Madame Interpreter. ” Hospital: “That translator. ” (…On

4. Perception of the Interpreter Court: “Madame Interpreter. ” Hospital: “That translator. ” (…On the other hand, judges are scary. So, there’s that. ) www. athenaskyinterpreting. com 21

Brainstorm • Have you ever been asked to do something you weren’t supposed to

Brainstorm • Have you ever been asked to do something you weren’t supposed to do as an interpreter? • Have you had to explain what they were and weren’t allowed to do? • In which setting did this occur? www. athenaskyinterpreting. com 22

Tales From the Front Lines With your partner, discuss: • Has anyone ever asked

Tales From the Front Lines With your partner, discuss: • Has anyone ever asked you to do something that went beyond the scope of your role as an interpreter? How did you handle it? www. athenaskyinterpreting. com 23

Through the Looking Glass • The scene: Family divorce court! • The dispute: A

Through the Looking Glass • The scene: Family divorce court! • The dispute: A child’s last name Child: Jose Father’s last name: Hernandez Mother’s last name: Maldonado. Child: Jose Hernandez Maldonado. www. athenaskyinterpreting. com 24

Through The Looking Glass, Continued… Scenario: Father: My last name should come first! Mother:

Through The Looking Glass, Continued… Scenario: Father: My last name should come first! Mother: No, mine should! Outcome: Whoever wins…loses. Dilemma: You are the only one in the room who understands both sides of the story. Do you say something? www. athenaskyinterpreting. com 25

Through the Looking Glass, Continued Now, in a hospital: Father (In Spanish): Why is

Through the Looking Glass, Continued Now, in a hospital: Father (In Spanish): Why is everyone calling my son Jose Maldonado? They should be using my last name to refer to him. Doctor: I’m confused. It says right here on the tag that his last name is Hernandez, see? Is that wrong? Father: No, but that’s the second last name. Doctor: Huh? Dilemma: Do you say something? www. athenaskyinterpreting. com 26

Through the Looking Glass: Recap • Difference in environment Different interpreter roles • Legal:

Through the Looking Glass: Recap • Difference in environment Different interpreter roles • Legal: Conduit and clarifier • Medical: Conduit, clarifier, cultural broker, advocate. www. athenaskyinterpreting. com 27

If time… In partners, discuss: • When, in the past, have you intervened? •

If time… In partners, discuss: • When, in the past, have you intervened? • Was it appropriate, given what you know now? • Would it have been appropriate elsewhere? Bonus question: Was there ever a time you wished you could have intervened but didn’t? www. athenaskyinterpreting. com 28

And now, the moment you’ve all been waiting for! Sharpen your pencils. It’s Venn

And now, the moment you’ve all been waiting for! Sharpen your pencils. It’s Venn Diagram time! Together with a partner or small group, illustrate the similarities and differences you’ve heard today, in the shape of two overlapping circles. www. athenaskyinterpreting. com 29

www. Athena. Sky. Interpreting. com • Free resources • Free informational blogs • Course

www. Athena. Sky. Interpreting. com • Free resources • Free informational blogs • Course offerings: Private coaching and group classes online Sign up for email list Contact Athena at: [email protected] com www. athenaskyinterpreting. com 30