I don't know, I do not see that as a parallel situation.
The law
I checked too. It did not state shift change only assignment change.
Does it? How? And why was the note removed if it is an A-ok practice?
Nurse says hospital granted dad’s request for no black nurses near newborn
- Thread starter Goober
- Start date
I don't know anything about the case, or the hospitals policies about duty assignments. Did she take it to court yet? What is she claiming?
Correct. Apparently a few here believe assignment based upon race, and colour are fine. I say no.
Okay, correct. Once again saying you have no problem with assignment based upon race or colour.
I disagree for the reasons stated prior.
It does not state who removed it. And it is irrelevant as it was not replaced. I wonder why.
Discrimination, and wants punitive damages.
No, I think it is no different than other common discriminatory practices.
No, I have no problem seeing this as another form of discrimination, just that it isn't seen as acceptable due to logical inconsistencies and moral relativism.
I don't for reasons I stated prior.
I agree, they still weren't assigned to the child in question. So the sign really doesn't matter.
Do nurses have the right to be assigned to patients of their choosing?
I know they can refuse to attend to a patient due to a few reasons though.
She might have a case if she can prove that they are scheduling people due to their physical ability. If I weigh 90 pounds and someone else weighs 300 we both still have a weight requirement and restriction for lifting and they will be the same (possibly). Therefore there are strict procedures for transferring patients. I don't know if there is a different requirement between male and female since a healthy male will have 8 times the upper body strength as a female of the exact same size.
What should be done if the child were to go into some kind of arrest? Should the nurse respond as they normally would, or call for help because they are not to touch the child?
I think they could refuse a case if they did not feel adequate to the task from a training perspective. Although one would likely be in big trouble as you are basically pleading incompetence.
I was thinking maybe an unsafe environment or concern for one's safety although I know that professionally they place themselves in jeapardy all the time. If my girlfriend is working with someone who is bleeding out, they will sometimes in a dire emergency remove their gloves if they can't grip properly or insert the needles. One does not always know if the patient has a HEP virus or is HIV positive. In an emergency most would place the patient's life first. They are professionals.
The hospital is under no obligation to respect a racist or bigoted request. But if they can do so without causing a problem... then it makes sense. The staff have grounds to complain if they lost something when the hospital respected the request. Respecting a racist's warning about them self is probably the safest decision for everyone.
And it would appear that it was.
Michigan Patient Rights and Responsibilities, in clause 5, states that patients are "entitled to know who is responsible for his/her care." There is no right established in Michigan for a patient to direct the operations of a hospital, including its human resources management, nor is there any authority established for a patient to direct which nurse(s) may provide care. These decisions are at the discretion of the state-licensed institution and its management. The right established here is to be informed as to who provides care, but not to direct the same.
The Civil Rights Act, 1964 prohibits discrimination based on race. Employment discrimination is not just when an employer harasses an employee based on one of these prohibited grounds of discrimination, but when an employer treats an employee differently based on one of the same prohibited grounds. Work was assigned on the basis of race in this case, which is clearly a breach of the employer's obligation not to discriminate against its employees on such a basis.
Source
- Michigan Patient Rights and Responsibilities (source)
A news story only has so much information. The statement of claim will be detailed.
Here are the demographics for Flint. We could engage in probabilities till the cows come home but just guessing based upon demographics, child was one month in the hospital it is probable that shifts were changed.
Flint Population and Demographics (Flint, MI)
Race
One race 121018 96.86%
White 51710 41.39%
Black or African American 66560 53.27%
American Indian and Alaska Native 798 0.64%
Asian 547 0.44%
Asian indian 120 0.1%
Chinese 118 0.09%
Filipino 91 0.07%
Japanese 37 0.03%
Korean 50 0.04%
Vietnamese 43 0.03%
Other Asian 88 0.07%
Native Hawaiian and Other Pacific Islander 19 0.02%
Native Hawaiian 6 0%
Guamanian or Chamorro 1 0%
Samoan 1 0%
Other Pacific Islander 11 0.01%
Some other race 1384 1.11%
Two or more races 3925 3.14%
Hispanic or Latino and race
Total Population 124943 100.00%
Hispanic or Latino(of any race) 3742 2.99%
Mexican 2633 2.11%
Puerto Rican 247 0.2%
Cuban 50 0.04%
Other Hispanic or Latino 812 0.65%
Not Hispanic or Latino 121201 97.01%
White alone 50020 40.03%
Then is the father was a threat or was perceived to be a threat he should have either been barred from the hospital or under escort. That would address the safety issue. Same with patients that are suffering from any number of diseases, drugs misuse etc where they can become violent staff would have assistance in caring for these patients.
The Hosp says they were concerned with nurses safety. They made a bad decision.
Not in the Michigian Patient Rights and Responsibilities charter.
One could, I suppose, apply the Occupational Safety and Health Act, 1970, to these circumstances; but in all cases, the right of the employee to a safe workplace is based as much on management action as it is on open and proactive communication with employees. The cornerstone of occupational health and safety legislation (in both the United States of America, and Canada, for that matter) is the right of the employee to be informed promptly of any risks to occupational safety and health.
Any employee whose health or safety was threatened in this case, in the opinion of management, should have been advised immediately of the potential hazard (and for the purposes of this discussion, I will assume that there was in fact a hazard). Employees have the right to know about real or potential hazards in their workplace. How that hazard should have been dealt with, beyond an interim solution by management, would depend on the OHS structure in that state-licensed institution (many, for example, have employee-majority health and safety committees, and representatives thereof, that would be responsible for that oversight).
Regardless of the specific structure at that workplace, though, it is clear that the employer should not have held back information about a real or potential hazard from employees. It has the potential not only to lead to situations like the hospital has found itself in now, but it disrespects workers' rights.
I work at our local hospital, my mother is a nurse. It's small but we have a lot of different people from different parts of the world thanks to the University in town.
It's going to be different here than in the US, obviously, but I agree that while the Father has the right to request, the hospital probably did act inappropriately about this, unless they spoke to staff and staff agreed that shifting their shifts around was a good idea.
While nurses may have their shifts switched, they are never happy about it and, at least here in NB, they can put in a grievance with their union if the switch is done without their knowledge, consent and it changes their normal hours to something totally different. This man and his family had to know going to a hospital would likely have them encounter people they do not "like"; the moment they walked in those doors a black nurse - or Jewish or anyone "not them" - could be taking care of them. They should have made sure, on the onset of their stay, that they were not to have certain types of people attend to them.
We don't know how the staffing was for the hospital; my question would be in accommodating this racist behavior, how many people did it affect and not just the "black" nurses? Did they have the staff to cover the shifts or was it a mad scramble to find people? If they are set rotational shifts, people plan their lives around them so in now having to please this person, personal AND work lives were tossed into the crapper, for everyone on that floor.
Yes, this guy has a right to be a jerk and racist pig and yes the hospital maybe was under some "obligation" to try and fulfill the man's request. However, as mentioned it sets a precedent and could really come back to bite them in the butt later.
It's going to be different here than in the US, obviously, but I agree that while the Father has the right to request, the hospital probably did act inappropriately about this, unless they spoke to staff and staff agreed that shifting their shifts around was a good idea.
While nurses may have their shifts switched, they are never happy about it and, at least here in NB, they can put in a grievance with their union if the switch is done without their knowledge, consent and it changes their normal hours to something totally different. This man and his family had to know going to a hospital would likely have them encounter people they do not "like"; the moment they walked in those doors a black nurse - or Jewish or anyone "not them" - could be taking care of them. They should have made sure, on the onset of their stay, that they were not to have certain types of people attend to them.
We don't know how the staffing was for the hospital; my question would be in accommodating this racist behavior, how many people did it affect and not just the "black" nurses? Did they have the staff to cover the shifts or was it a mad scramble to find people? If they are set rotational shifts, people plan their lives around them so in now having to please this person, personal AND work lives were tossed into the crapper, for everyone on that floor.
Yes, this guy has a right to be a jerk and racist pig and yes the hospital maybe was under some "obligation" to try and fulfill the man's request. However, as mentioned it sets a precedent and could really come back to bite them in the butt later.
All the above classifications might be commonly accepted, but common notions of race based on physical traits like skin, hair and eye color or region of origin are pseudo-scientific quackery like Astrology. Evidence accumulated as a result of the human genome project proves we are one species...one race:
Minorities and Genomics: Issues of Race
Although recent discoveries suggest some of us descended from Homo Sapien hybrids (cross breeding) with Neanderthals and/or Denisovans
Neanderthal and Denisovan genetics: Human ancestors interbred with extinct species. - Slate Magazine
Last edited:
Looks like you didn't read all the posts above....
Let's see if you can find where any shifts were changed.....It seems like one person writes something in a forum....another repeats it and it becomes fact????
Edit: I fail to see what demographics have to do with the law.......
Shifts being changed normally has nothing to do with the case...
Last edited:
You missed the point. The demographics were used to demonstrate probability...for instance... how how many African American nurses were likely to be on staff. Although it involved "duties"/ "assignments" shift changes may or may not have been involved in order to meet his request. It has been pointed out that there is not enough information in the article to know exactly what was involved.
But you are doing like wise by basing your conclusion upon the assumption that the article is complete in using the words assignments and that no shift changes happened. And actually it doesn't matter if shift changes were involved or just assignment changes were made. illegal is illegal. Shift assignment according to colour is illegal and against her civil rights. :icon_smile:
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.
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.