Lawsuit: Black nurses barred from treating baby at parent's request. (employment, legal)

[chiroptera]

The lawsuit claims:

Tuesday's protest at Hurley was triggered by a lawsuit filed by nurse Tonya Battle who claims that as an African American she was not allowed to treat the infant.
Battle claims an order was issued after the child's father asked to speak to her supervisor while she was working in the hospital's neonatal intensive care unit Oct. 31, 2012.
The father, who is not named in the suit, allegedly rolled up his sleeve and showed a tattoo that was believed to be a swastika while talking with the supervisor, the suit says.
According to the lawsuit, the supervisor then reassigned the infant to a different nurse and a note was placed on the assignment clipboard for nurses stating “No African American nurse to take care of baby.”
On Nov. 1, 2012, a decision was made to grant the father's request that no African American nurses care for his child, the suit alleges.

Newspaper story here.


The hospital is denying that this happened. As it's written, I'm leaning towards believing the nurse who filed the suit. Apparently she's worked there for 25 years; why would she make such a thing up? Hopefully justice will prevail as there surely must be many witnesses to what was put into a patient's chart.

For the record, this is the big city hospital in a majority-black city, there are many people of color on the staff and there doesn't seem to be any history of racism there



If this actually happened, then I believe the hospital acted in a truly reprehensible manner and should be sued. And I probably can't say here what I think of the father who allegedly made such a request.

But did they actually break any laws? What are they being sued for? Apart from creating a toxic and insulting atmosphere for the black staff and complying with an egregiously bigoted request, that is.


Thoughts?

[Manuel de Vol]

The first thought is that you are commenting on a matter which is sub-judice. "The suit alleges ..."

Why do you think it is appropriate to do so?

[chiroptera]

Originally Posted by Manuel de Vol

The first thought is that you are commenting on a matter which is sub-judice. "The suit alleges ..."

Why do you think it is appropriate to do so?

I understand what sub-justice means, thanks.

I am inviting comment because it is already a matter in the public court of opinion - there are at least five articles online on this story that I know of. Probably more.

So I figure, since it's online and public knowledge, why not ask other online folks what they think?

If you don't want to comment, nobody's forcing you, except oops! You already commented...

[Retroit]

The hospital should have put only African-Americans on duty and let the baby starve to death.

[chiroptera]

Originally Posted by Retroit

The hospital should have put only African-Americans on duty and let the baby starve to death.

What does this even mean?

As an aside and perhaps somewhat foolishly, I am hoping this doesn't evolve into a race thread. I think the over-arching questions are not race-related, here.

[Itz]

Why is she suing the hospital if the parent of the patient requested this? It is his right to request treatment based on his race, religion, sex, or whatever.
Whether it was in good taste is a matter of public opinion.

Cursory glance gives me the opinion that the nurse has no suit because the hospital was treating the patient and patients family with their "reasonable" requests in mind. If the patient was having a severe medical issue at the time, the hospital would than put the patients medical needs first over the preferences of the family.

If I am a patient and I request that I only be treated by female nurses, would the male nurses have a suit? Or would I if the hospital denied my "reasonable" request?
Same basis.

[markg91359]

Why is she suing the hospital if the parent of the patient requested this? It is his right to request treatment based on his race, religion, sex, or whatever.
Whether it was in good taste is a matter of public opinion.

Cursory glance gives me the opinion that the nurse has no suit because the hospital was treating the patient and patients family with their "reasonable" requests in mind. If the patient was having a severe medical issue at the time, the hospital would than put the patients medical needs first over the preferences of the family.

If I am a patient and I request that I only be treated by female nurses, would the male nurses have a suit? Or would I if the hospital denied my "reasonable" request?
Same basis.

No such right exists. What would make you think it does?

In fact, I think its a violation of the Civil Rights Act of 1964 which contains sections about fair employment practices for the hospital to allow patients to make such a choice.

I see a couple of solutions here:

1. Ask the parents to take the baby to another hospital where they will hear the same thing and than maybe let the message sink through their dumb, thick skulls.

2. Ignore the parents. They want something which is unlawful. If the fuss, have the police there. If they try in, any way, to interfere with treatment, legal proceedings could be instituted in which a court could appoint a guardian to make competent medical decisions for this child since these nutjobs obviously cannot do so.

Our institutions and society don't have to put up with racist crackpots. They can think anything they want. They can't expect hospitals and public facilities to back their absurd stupid and bigoted notions.

I'm honestly surprised anyone would take their position in this.

[chiroptera]

Originally Posted by Itz

Why is she suing the hospital if the parent of the patient requested this? It is his right to request treatment based on his race, religion, sex, or whatever.
Whether it was in good taste is a matter of public opinion.

Cursory glance gives me the opinion that the nurse has no suit because the hospital was treating the patient and patients family with their "reasonable" requests in mind. If the patient was having a severe medical issue at the time, the hospital would than put the patients medical needs first over the preferences of the family.

If I am a patient and I request that I only be treated by female nurses, would the male nurses have a suit? Or would I if the hospital denied my "reasonable" request?
Same basis.

Well, would it be OK for you as the parent or patient to refuse essential vaccinations, recommended medical tests, surgeries or medications while under the care of medical professionals at the hospital? And if you did, then got sick and died, would you have grounds for a lawsuit?

I know, apples and oranges.

I'm still torn. If a patient/guardian has a completely whacked-out request and complying with the request (such as the case here) would not affect care or diligence or outcome, is it OK? My gut wants to say, not at all OK, but since nobody was quantitatively harmed by compliance then maybe this is a mountain over a molehill.

On the other other hand, in theory and moral reality, I cannot countenance institutionalization or acknowledgement of utterly stupid and wrong requests by deranged parents.

[Retroit]

Originally Posted by chiroptera

What does this even mean?

As an aside and perhaps somewhat foolishly, I am hoping this doesn't evolve into a race thread. I think the over-arching questions are not race-related, here.

Did you even read your own first post? How is race not a factor?

[chiroptera]

Originally Posted by Retroit

Did you even read your own first post? How is race not a factor?

You didn't explain the post I questioned, first of all. I'm still confused by what you meant by that.

Race does not have to be a factor at all. My question is along the lines of what is legal in the work-place, and whether there are real grounds for a lawsuit. The race of the parties involved is tangential; it could be gender or smoking preference or weight or sexual preference or whether the nurse wore perfume/aftershave or whether the nurse drives a Toyota or a Chevy.

All of which are legal pursuits or innate, protected classes.

The essential question, I guess, is then: did this employer have the right to honor the parent's (frivolous) request at the expense of their employees' integrity?