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Lawsuit: Race-based request sidelined Michigan nurse


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#91 Mr. Scot

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Posted 20 February 2013 - 09:50 AM

To discourage it from ever happening again. Other hospitals will see this happening and refuse to abide by idiotic racial demands made by patients. or in this case, parents of patients.


What kind of compensation do you think happens when a hospital refuses someone like this guy and in response he injures or kills someone?

Will it be worth it to say to the family of that person "Well at least we didn't give in to an unreasonable demand. We sure showed him, huh?"

There are some people to whom you can just say 'no' and be done with it. The hospital judged this was not one of those guys. And based on the description, I don't really blame them.

#92 carpantherfan84

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Posted 20 February 2013 - 09:58 AM

What kind of compensation do you think happens when a hospital refuses someone like this guy and in response he injures or kills someone?

Will it be worth it to say to the family of that person "Well at least we didn't give in to an unreasonable demand. We sure showed him, huh?"

There are some people to whom you can just say 'no' and be done with it. The hospital judged this was not one of those guys. And based on the description, I don't really blame them.



You can't defeat violence by submitting to the mere threat of it.

#93 Mr. Scot

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Posted 20 February 2013 - 10:06 AM

You can't defeat violence by submitting to the mere threat of it.


In a corporate sense, no.

In an individual setting, say a guy has a gun on you, your wife and kids and tells you "gimme your wallet", are you going to let him have it to avoid anyone in your family getting hurt, or are you going to tell him that you refuse on "moral and ethical grounds"?

Already addressed previously that it wasn't practical for the hospital to believe they could protect this nurse all the time for a month to come, and the police won't respond to a "perceived threat", only an actual one.

#94 carpantherfan84

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Posted 20 February 2013 - 10:46 AM

In a corporate sense, no.

In an individual setting, say a guy has a gun on you, your wife and kids and tells you "gimme your wallet", are you going to let him have it to avoid anyone in your family getting hurt, or are you going to tell him that you refuse on "moral and ethical grounds"?

Already addressed previously that it wasn't practical for the hospital to believe they could protect this nurse all the time for a month to come, and the police won't respond to a "perceived threat", only an actual one.


I have reread the CNN article and I have yet to find anything that the man did or said that was threatening. Basically what I am saying is that because of people standing up to them, few people fear neo-nazi's, skinheads, kkk's, or swastika wearing choir boys. I dont know which one he is or wishes he was but I dont believe it is relevant. If the hospital was truly concerned with her well-being they would have acted differently until he forced their hand. They...chose...poorly. Because of that they will pay. Had they behaved differently maybe we would have had a different outcome but its a moot point now. The way you describe it, you are identifying reasons for them to act in their own self interest, not the nurses.

#95 pstall

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Posted 21 February 2013 - 08:50 AM

What I find odd is a report that supposedly says not to be cared for by an african american. Instead of reassigning her and telling her after the fact someone was dumb enough to write down the request and think nothing would come of it? Now maybe this caveman wanted to see it written down who nows.

If we have learned anything lately about race cases is that the bark seems to be worse than the bite. That might so here might not.
I'm still banking she gets a lot of money for saying she was offended and what his request did to her.

#96 Happy Panther

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Posted 21 February 2013 - 12:28 PM

I have reread the CNN article and I have yet to find anything that the man did or said that was threatening. Basically what I am saying is that because of people standing up to them, few people fear neo-nazi's, skinheads, kkk's, or swastika wearing choir boys. I dont know which one he is or wishes he was but I dont believe it is relevant. If the hospital was truly concerned with her well-being they would have acted differently until he forced their hand. They...chose...poorly. Because of that they will pay. Had they behaved differently maybe we would have had a different outcome but its a moot point now. The way you describe it, you are identifying reasons for them to act in their own self interest, not the nurses.


If you review the law, review EEOC cases and consider the easy defense that the hospital has, it is doubtful they will pay and if they do it will be nominal likely to avoid legal fees.

Here is an egregious case that ended with a settlement of around $10k for victim. Compare the facts in the two cases:

In June 2011, Herzog Roofing, Inc., a Detroit Lakes, Minn., roofing company, agreed in a pre-suit settlement to pay $71,500 to seven Black, Hispanic, and American Indian employees to settle racial harassment and retaliation charges, alleging that the targeted employees were frequently subjected to racial epithets, racial jokes and hostile treatment by managers and coworkers and that complaints were ignored. The EEOC also had found that the company retaliated against the employee who brought the initial complaint by firing him after he reported the unlawful treatment. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. It also will redistribute its anti-harassment policies and procedures and monitor its supervisors’ compliance with equal employment opportunity laws.


I still have yet to see a successful EEOC or other discrimination case where there was not direct racial intent, significant measurable damages as well as absolutely damning evidence.

Expect a settlement of $0k to $5k if the case even goes anywhere. I believe if there is any evidence of non-discriminatory motives (which is an acceptable and common defense in federal cases) the case will be thrown out.

#97 Happy Panther

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Posted 21 February 2013 - 12:32 PM

I'm still banking she gets a lot of money for saying she was offended and what his request did to her.


There has to be some relationship between award and damages. Even if the EEOC/courts decide that she suffered some emotional stress, how much is that worth?

Again, go read discrimination settlements for awful awful cases of racial discrimination and judge where this compares.

It's probably the tamest one you can find. The lady was uncomfortable is the basic extent of this.

#98 MadHatter

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Posted 21 February 2013 - 09:06 PM

I talked to one of our attorneys this morning about this case. He said it was interesting and was bad press for the hospital. But, he went right to the "did she suffer damaged from this". He agreed that she did not and would likely lose at trial.

But, he did say that the hospital will likely settle just to end the issue.

#99 Happy Panther

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Posted 26 February 2013 - 03:52 PM

I talked to one of our attorneys this morning about this case. He said it was interesting and was bad press for the hospital. But, he went right to the "did she suffer damaged from this". He agreed that she did not and would likely lose at trial.

But, he did say that the hospital will likely settle just to end the issue.


Just saw that this was settled 4 days ago but there is still a separate lawsuit out there. We will probably never know the settlement amounts.

http://www.cleveland...rses_settl.html




A Michigan hospital has settled a lawsuit that accused it of agreeing to a man's request that no black nurses care for his newborn.

Hurley Medical Center and four nurses who sued said Friday the lawsuit was "amicably resolved."



#100 Mr. Scot

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Posted 26 February 2013 - 04:09 PM

No shock. Probably wasn't a huge amount. Doubt anybody's set for life now.

#101 TheRed

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Posted 26 February 2013 - 04:39 PM

The result of the outcome will certainly make some here smile but hey whatever helps you sleep at night I guess. Atleast the hospital admitted the entire scenario was unacceptable, even though plenty dismissed this as routine.

#102 Mr. Scot

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Posted 26 February 2013 - 04:52 PM

The result of the outcome will certainly make some here smile but hey whatever helps you sleep at night I guess. Atleast the hospital admitted the entire scenario was unacceptable, even though plenty dismissed this as routine.


Totally wrong...again.

This is not a "happy" outcome, but it is an expected one. "Happy" would have been if somebody would have kicked the guy who made the request in the balls. As it is, this outcome is just a "that's how it goes" thing.

It's "routine" for hospitals to honor patient requests, even including some that aren't really all that logical. This particular request was atrocious, but they didn't honor it because they agreed with it.

As was said numerous times, the hospital didn't support this guy's views. It gave in to avoid trouble from him, which given that the setting is a neonatal intensive care unit and the guy in question sounds like he's probably not all there, this would be a wise choice.

Also at issue was the actual damages. Again, as was oft repeated, nobody lost pay, work time or anything else. All that happened was people being offended. I know a lot of folks think that's all that's needed to sue for millions. Legal standards are a little different.

If you can find a single post in here where anybody suggested that the guy in the middle of this was anything less than an utter jackass, by all means post it. Otherwise, quit trying to paint people as something they're not. Playing the "subtle race card" is just as ignorant as the blatant version.

#103 TheRed

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Posted 26 February 2013 - 05:07 PM

That's a whole lot of justifying for something that is quite minuscule in your view.

What's the dollar amount on treating someone of different skin color as a second class citizen?

You can take my post however you like Mr. Scot, I call it how I see it.

#104 Mr. Scot

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Posted 26 February 2013 - 05:11 PM

That's a whole lot of justifying for something that is quite minuscule in your view.

What's the dollar amount on treating someone of different skin color as a second class citizen?

You can take my post however you like Mr. Scot, I call it how I see it.


What's the dollar amount for pissing off an unstable guy and getting someone hurt or killed?

And the way you "see it" says more about you than it does about me. As does the following me around in threads like a yapping puppy (obsessed much?)

If you can't debate well enough to debate on content and you have to resort to character jabs at people you have no clue about, it's pretty weak.

#105 SZ James

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Posted 26 February 2013 - 05:17 PM

Evidence that he was a threat or lible to kill someone:

Uhhhhhhhh well


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