Nurse says hospital granted dad’s request for no black nurses near newborn

[Tonington]

Concerning the details, we'll never see those with respect to Tonya Battle. The hospital has settled with Battle. I'm sure the details of the case would be behind a gag order now, as is typical for settlements.

However another nurse is also suing, and she said that she will not settle, and she wants a jury to hear what happened:
Hospital settles nurse's discrimination suit

 

[DaSleeper]

Hurley Medical Center
Hurley Medical Center General Information - Consumer Reports Health
General Information
The following section provides basic information about Hurley Medical Center. See the Report Card tab of this page for Ratings for Hurley Medical Center or use our map or search tool to find Ratings for other hospitals.
Joint Commission accreditation: Yes
Teaching hospital: Yes
Operated by: State/local government
Number of beds: 418
Full-time registered nurses: 837

Patient Rights - Hurley Medical Center

Patient Rights & Responsibilities

Patient Rights

Hurley Recognizes That Patients Have a Right To:

Participate in the development and implementation of their plan of care.
Make informed decisions regarding their care.
Be informed of their health status, involved in care planning and treatment and be able to request or refuse treatment.
A concerned staff committed to pain prevention and management.
Be free from seclusion and chemical or physical restraints unless clinically necessary,
Produce an Advanced Directive.
Have family member or representative and their own physician notified of their admission to the hospital (unless the patient requests that this not be done).
Personal privacy.
Receive care in a safe setting.
Be free from all forms of abuse or harassment.
Confidential treatment of medical records and information.
Access to their own medical records.
Make complaints and recommend changes.
File a formal grievance if they believe their rights have been violated.
Information about their bills and available financial assistance.

Patient Responsibilities

In Turn, Each Hurley Patient is Responsible For:

Following hospital rules and regulations.
Providing a complete and accurate medical history.
Communicating with staff members, especially about medical instructions and any complications.
Working with your doctor and nurse to develop a pain management plan.
Following physician’s recommendations and advice.
Notifying staff if instructions or information are unclear.
Respecting rights of other patients, staff members and hospital property.
Providing accurate financial information.

With that many nurses on duty do you think it was a big deal to assign a non black nurse without any shift change?
Which rule trumps the other?
Be informed of their health status, involved in care planning and treatment and be able to request or refuse treatment.
or

Respecting rights of other patients, staff members and hospital property.

 

[FiveParadox]

With that many nurses on duty do you think it was a big deal to assign a non black nurse without any shift change?
Which rule trumps the other?
Be informed of their health status, involved in care planning and treatment and be able to request or refuse treatment.
or

Respecting rights of other patients, staff members and hospital property.

Both of those objectives are simultaneously achievable; neither needs precedence.

A patient has the right to request or to refuse treatment. There is nothing in the document to suggest that a patient has the authority to direct the operations of the hospital or its staff, in any capacity or to any extent whatsoever. To assign work which in any way is guided or led by one of the grounds of discrimination prohibited in state and federal law (such as race) is unacceptable and unlawful in the context of the legislative framework in Michigan.

 

[Goober]

With that many nurses on duty do you think it was a big deal to assign a non black nurse without any shift change?
Which rule trumps the other?
Be informed of their health status, involved in care planning and treatment and be able to request or refuse treatment.
or

Respecting rights of other patients, staff members and hospital property.

The Father had the right to refuse treatment. His conditions for treatment based upon race are his own right. The Hospital put that as a critical factor. It should not have.

 

[Sal]

With that many nurses on duty do you think it was a big deal to assign a non black nurse without any shift change?

I don't know if it was a big deal or not to reassign white nurses to the child for a month. What I do know is that they set a dangerous and illegal precedent by doing so.

Which rule trumps the other?
Be informed of their health status, involved in care planning and treatment and be able to request or refuse treatment.
or

Respecting rights of other patients, staff members and hospital property.

The only right the father had was to make the request which he did. The rest was a total and complete fubar.

 

[DaSleeper]

Concerning the details, we'll never see those with respect to Tonya Battle. The hospital has settled with Battle. I'm sure the details of the case would be behind a gag order now, as is typical for settlements.

However another nurse is also suing, and she said that she will not settle, and she wants a jury to hear what happened:
Hospital settles nurse's discrimination suit

It ain't over yet.......Al Sharpton has his nose stuck in there.....:lol:

 

[Sal]

It would be fascinating to see how this turns out...

 

[IdRatherBeSkiing]

I am jumping in late but how was this nurse discriminated against? Was she docked pay, did she lose a shift?

While I find the request of the father to be wrong, I don't see how the granting of this request caused this nurse any harm. Sounds like a nice attempt to get a little extra cash.

 

[SLM]

Rosa Parks still got to where she was going when she was made to sit at the back of the bus. Was she discriminated against?

 

[DaSleeper]

I have another question for all Y'all....knowledgeable folks
I know I have the right to pick my own doctor......During my stay in a hospital, do I have the right to ask for a different nurse if I feel uncomfortable with one?

 

[Goober]

I have another question for all Y'all....knowledgeable folks
I know I have the right to pick my own doctor......During my stay in a hospital, do I have the right to ask for a different nurse if I feel uncomfortable with one?

And the Doctor can refuse to accept you as a patient.

 

[DaSleeper]

And the Doctor can refuse to accept you as a patient.

That wasn't the question:smile:

 

[Tonington]

Some related case law here:
http://www.hl-law.com/control/newsletters/11.pdf
Page 3, "When company policies go wrong … Nursing home’s practice leads to Title VII case"

The outcome of Chaney refutes the old adage that “the customer is always right.” Even if it means losing a patron, an employer can’t accede to a customer’s prejudices in treating its own employees. (This includes customers who engage in sexual harassment of workers.) You must take prompt remedial action in these situations to avoid liability​

 

[IdRatherBeSkiing]

Rosa Parks still got to where she was going when she was made to sit at the back of the bus. Was she discriminated against?

Yes. The difference in seating position had a definite effect on her on that day. As I understand it she sat there because she was tired. By not allowing her to sit there, she was discriminated against. If she was not taking that bus, she would not have been discriminated against even though the same policy was in effect.

 

[DaSleeper]

Rosa Parks still got to where she was going when she was made to sit at the back of the bus. Was she discriminated against?

Did you ever sit at the back of a bus on a long trip?? that's where all the farts end up...and I mean the stinky ones...not the old ones;-) and in the old days with no air conditioning???

 

[Goober]

I have another question for all Y'all....knowledgeable folks
I know I have the right to pick my own doctor......During my stay in a hospital, do I have the right to ask for a different nurse if I feel uncomfortable with one?

If you mentioned color then no. A hospital should determine why. Some nurses are very good other leave you black and blue taking a blood sample, I know and you probably know that from experience.
One was real bad at taking a blood sample.

 

[DaSleeper]

If you mentioned color then no. A hospital should determine why. Some nurses are very good other leave you black and blue taking a blood sample, I know and you probably know that from experience.
One was real bad at taking a blood sample.

So your answer is yes depending on the reason why?
You either have the right or you don't.....yes or no...lol....remember those simple questions?

 

[Goober]

So your answer is yes depending on the reason why?
You either have the right or you don't.....yes or no...lol....remember those simple questions?

You can ask for anything. Does not mean you are getting it or entitled to it or it is legal or even possible. Ask away.

 

[FiveParadox]

So your answer is yes depending on the reason why?
You either have the right or you don't.....yes or no...lol....remember those simple questions?

And the answer is no, you do not.

You have the right to make whatever requests you want, but that does not mean that the hospital is required to comply, or that you have some sort of right to direct the operations of a hospital or its human resources management. If hospital management sees fit to accommodate a request, then that is the prerogative of hospital management to do so. The right here is to make a request. There is no right to issue orders to or to direct the hospital, its management, doctors, nurses, or staff.

If you request a specific doctor, surgeon, nurse, etc., and for whatever reason the management of the hospital determines that the request cannot or should not be met, then it is not required to do so. The rules of the hospital (including any collective agreements or employment rules) are to be respected. While the rights of the patient must be upheld, these rights are not as extensive as you're letting on. The hospital has obligations and responsibilities.

 

[Tonington]

I have another question for all Y'all....knowledgeable folks
I know I have the right to pick my own doctor......During my stay in a hospital, do I have the right to ask for a different nurse if I feel uncomfortable with one?

There's a big difference between discrimination and prejudice. Some discrimination is valid. Others not so much. Of course you can discriminate based on Doctor's performance or expertise. That has a real effect on your outcome. The colour of a nurses's skin does not.

That said, I don't think it's clear that those prejudicial feelings count as in cases where gender is an allowable discrimination for certain patients.