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Nurse Suing Hospital for Discrimination for Barring Black Nurses from Treating Patient : Swingers Discussion 2174001041
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TOPIC: Nurse Suing Hospital for Discrimination for Barring Black Nurses from Treating Patient
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The hospital where I birthed both of my boys is located in a predominantly religious Jewish neighborhood of Brooklyn. The women would bring their own midwife/nurse and their own doctor to the hospital. Only under special circumstances was the hospital staff involved with these women. They were handled by their own people at all times.

This is definitely a sticky situation.

Allenhurst NJ
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There are legal problems with that too.

Refusing to treat an asshole - no matter how much of an asshole they are - is dicey business. Refusing to treat the *child* of an asshole is even dicier.

Chesapeake VA
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I wonder what would have happened if after showing his swastika tat everybody on the staff refused to treat the child?

Pittsburgh PA
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I sincerely wish that a court system would absolve the hospital from liability if it took such an approach, but I don't think that's the case.

Chesapeake VA
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I would have told him the hospital has limited staff and schedules won't be changed to accomodate his request. If it was still a problem, his wife and child would have been transferred to another facility.

Pittsburgh PA
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That's basically a "screw you" version of my option #1.

While I love the idea, I still fear it would have the worst outcome. No matter how much we agree that if he takes his kid and leaves and the kid ends up brain dead or something that responsibility falls on him, we all know that a court probably isn't going to agree, and is going to sue my hospital for millions.

Chesapeake VA
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First I would have notified both hospital security and the local responsible law enforcement agency and requested a civil standby. My response would have been that our highly trained nurses will take care of your child as needed and dictated by the child's medical condition. I would have told him bluntly, 'If you cause any problems for our staff with either acts, verbal threats or insulting language, you will be ejected, a restraining order will be pursued and enforced.' I would have told him that he always has the option of transporting and placing his baby at another facility at his expense. Then I would have turned and walked off leaving him with the two biggest blackest security officers I could find. Screw him and his racism.

Red Bluff CA
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I find this interesting, because it puts several different angles against each other, and each has some valid point.

So, I'm imagining myself as a "decision maker" at a hospital faced with this request. What do I do?

I think I have 3 basic choices:

1. Tell the father that his request will not be honored, and if he has a problem with the hospital staff he can take his child and seek care elsewhere.

2. Acquiesce to the request.

3. Allow the nurses to have a choice in the matter and tell them you will support them either way. If they choose to be moved to another floor or unit to avoid this guy, you support that. If they choose to stay (and potentially face abusive behavior from the father), you will support them there too.

All 3 open the hospital up to liability in some way. #1 might be the worst. If the father takes his sick and leaves and something bad happens, it'll be lawsuit central. If the father stays and is abusive to the staff, the staff can also sue the hospital for knowingly assigning them to serve in a ward where an abusive individual is. Of course, they could seek a court order to kick the father out and assign a court-appointed guardian, but that takes time and abusive behavior will happen anyway.

#3 puts the nurse in an uncomfortable position but might have been the best way. Could still be lawsuits if the man is abusive to the staff. Could still be lawsuits if the nurse relocates and later feels she was pressured into doing so.

#2 - well, we see where that went.

All in all I'd say the hospital was pretty much fucked no matter what they did. I think morally, #1 is the best choice, but from a legal liability standpoint it's probably the worst. A hospital is not like a restaurant, where as a manager I would happily turf a patron who was hostile to my staff. There are a lot of laws involving refusing to treat patients, liability if a patient leaves, etc.

What say you?

Chesapeake VA
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Courtesy of Nkenswing

An African-American nurse is suing a Michigan hospital after she says staff there agreed to a swastika-tattooed father’s request that no black nurses care for his new baby.

Tonya Battle, 49, sued the board of hospital managers of Hurley Medical Center in Flint, Mich., and Mary Osika, a nurse manager, on discrimination grounds after Battle said she was reassigned to accommodate the father’s request.

“I didn’t even know how to react,” Battle told the Detroit Free Press, which first reported the story.

Battle is a neonatal intensive care nurse who has worked at the 443-bed public teaching hospital for nearly 25 years. She said she was caring for infants as usual on Oct. 31, 2012 when the infant’s father asked to speak to her supervisor, according to a complaint filed in the Genessee County circuit court.

The father told the charge nurse “he did not want any African Americans taking care of his baby,” the complaint said. While making that statement, he pulled up his sleeve and showed a tattoo “believed to be a swastika of some kind.”

Instead of denying the request, the complaint said, the charge nurse called Osika, who advised her to reassign the baby to another nurse.

“Plaintiff was reassigned on or about Oct. 31, 2012 because she is African-American,” the complaint said. “Plaintiff was shocked, offended and in disbelief that she was so egregiously discriminated against based on her race and re-assigned.”

The next day, the complete alleged, Osika told staff members the request would be honored. When Battle returned to work on Nov. 2, 2012, the hospital posted a notice on an assignment clipboard that read: “No African-0American nurse to take care of baby.”

No black nurses were assigned to care for the baby for the following month, despite notice from hospital lawyers that the notice should be removed and that the father’s request would not continue to be granted, the complaint alleged.

Hospital officials, however, said that while the father’s request was “initially evaluated,” he was then told it could not be granted.

In a statement posted online, Melany Gavulic, president and chief executive of Hurley Medical Center said the man’s swastika tattoo created “anger and outrage in our staff.”

“This resulted in concern by supervisors for the safety of the staff,” she wrote.

Battle filed discrimination charges on Dec. 11, 2012, with the federal Equal Employment Opportunity Commission. Battle’s lawsuit seeks punitive damages. Neither Battle nor her lawyer could immediately be reached by NBC News.

Chesapeake VA
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TOPIC: Nurse Suing Hospital for Discrimination for Barring Black Nurses from Treating Patient