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Lawsuit: Race-based request sidelined Michigan nurse


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#41 Mr. Scot

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Posted 17 February 2013 - 11:34 PM

Oh how fascinating Mr. Scot, where did this nurse you know get her law degree from?


The same place you did (ditto everyone else in this thread).

HP actually researched the laws themselves and posted opinions based on them. Can you refute what he wrote?

#42 TheRed

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Posted 17 February 2013 - 11:43 PM

The same place you did (ditto everyone else in this thread).

HP actually researched the laws themselves and posted opinions based on them. Can you refute what he wrote?


Of course, arm chair attorneys at law my friend.

As for HP, I have no idea the source he got this information from.

#43 Mr. Scot

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Posted 17 February 2013 - 11:58 PM

Of course, arm chair attorneys at law my friend.

As for HP, I have no idea the source he got this information from.


Internet search I would guess, but he didn't leave a link.

As to my friend, no she's not a lawyer, but she is a nurse who works in a hospital. She has several years of actual experience dealing with patients and their families, which puts her one up on any of us as far as actual knowledge of this issues involved.

Hence, why I asked her opinion. For all I knew, she could have told me I was dead wrong. She didn't, but if she had, I would have posted that too.

#44 SmootsDaddy89

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Posted 18 February 2013 - 01:18 AM

The hospital's attorneys wouldn't have instructed them to take down the notes and reverse their decision if they didn't feel that the hospital would be liable if a lawsuit was filed against them for their actions. That's what they're paid to do.

#45 SmootsDaddy89

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Posted 18 February 2013 - 01:22 AM

Got the chance tonight to run this story past a lady who's been a nurse for over 20 years to get her opinion.

Her response: Hospitals consider that every patient or patient representative (such as a family member) has a right to have a say in how they're cared for.

I asked "does it have to be a reasonable request to be honored?" She said no, it doesn't. Whatever requests they make, a hospital will attempt to honor as long as it's possible to do so. The only occasion where it might be denied would be if it were something that might actually be detrimental to the patient's treatment.

In her experience, she's seen a lot of off the wall requests, though she could remember very few being race-based.

The most frequent request? She said it was very common for Muslim men to insist that only female medical personnel be allowed to touch their wives. Male doctors or nurses may treat them, she said, but only if they do not touch them. I asked if some had also requested that no Jewish personnel be assigned to their family members, and she said yes, she'd heard that before too, though not as frequently.

One patient she remembered actually took their wife out of the hospital as they were waiting for a procedure because they found out the only anesthetist available was a male, and they refused to allow this (she didn't specify whether this person was Muslim or whatever).

Her opinion of the lawsuit? "Worthless" she said. The patient / patient's family is allowed to have a say in their care, even if the person in question happens to be stupid. She also agreed that consideration would be given as to whether not granting the request might provoke trouble from the patient or their family, and said such situations would be avoided as much as possible.

So were they right to do this? It's a no-win for the hospital honestly. The best summary I could give you is that the request itself was wrong, but the hospital choosing to honor it rather than to provike the guy over it was indeed the best course of action.

And I'm with HP on the outcome. She'll likely either get nothing or a very small settlement. The hospital can rightly say that no actual harm came to the nurse (but there might have been if the situation had become tense) and that they were honoring a patient's right to have a say in their care, ignorant though it might be.

Bottom Line: The husband was wrong (and an idiot) and he's the bad guy here, not the hospital. The hospital made the best decision they could given the circumstances. The only negative that befell the nurse was hurt feelings, and you can't really claim damages based solely on that.

I'm going to take a shot in the dark here and suggest that even if your anecdotal evidence isn't just you making something up, in none of those cases were nurses/doctors FORCIBLY reassigned due to their gender, religion, or ethnicity. They voluntarily stepped aside, or the requests were made before anyone had been assigned to the patient's care.

#46 GOOGLE RON PAUL

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Posted 18 February 2013 - 02:56 AM

Not really.

Racism on the part of the Nazi guy? Yeah, he's an idiot.

Racism on the part of the hospital? No. Just an attempt to avoid a bad situation while dealing with an idiot.



stop posting

#47 Happy Panther

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Posted 18 February 2013 - 08:03 AM

Refer to the note on the medical chart stating no care from blacks allowed. That isn't intent or enabling of racism?


Intent to be racist isn't against any law. I can work with the most bigoted person in the world but if that person doesn't use race to drive me out of a job or pass me over for promotions in favor of a white person then it's not discrimination.

You have to differentiate between "making a decision based on race" and discrimination. The former isn't illegal while the latter is.

I'm not defending anyone and somebody may well be reprimanded by the hospital. But from a legal standpoint the actual lawsuit doesn't have much merit.

#48 MadHatter

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Posted 18 February 2013 - 10:30 AM

Just like the people trying to sue Disney, this is just another sad example of someone trying to get a financial payday for doing nothing. Seems like this is now the new American way.

#49 Happy Panther

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Posted 18 February 2013 - 10:31 AM

As for HP, I have no idea the source he got this information from.


Internet search I would guess, but he didn't leave a link.

http://www.michbar.org/journal/pdf/pdf4article612.pdf

#50 Mr. Scot

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Posted 18 February 2013 - 11:18 AM

I'm going to take a shot in the dark here and suggest that even if your anecdotal evidence isn't just you making something up, in none of those cases were nurses/doctors FORCIBLY reassigned due to their gender, religion, or ethnicity. They voluntarily stepped aside, or the requests were made before anyone had been assigned to the patient's care.


You're seriously reaching here.

Nurses and doctors being told to comply with patient requests is a common thing, regardless of whether the request makes sense or not. Refusal to do so would only be on the grounds that it might hinder the patient's treatment.

And again, other than feeling offended (which isn't actionable) what actual harm is there to the nurse for not handling this particular baby?

The guy's request is crap. The guy is a prick. But again, none of that is the hospital's fault, and their honoring his request to avoid trouble is not grounds for legal damages. Frame it any way you want, but the result is the same.


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