“No Black Nurses” Lawsuit Filed Against Hospital

[HR-PUFF&STUFF]

http://www.webpronews.com/no-black-...inst-hospital-2013-02?utm_source=Life_sidebar

A Michigan woman has filed a lawsuit against the hospital she works for after an incident in October which she says was entirely based on discrimination.

 

[Piper Maru]

Get Jesse Jackson on the case.

 

[Manic]

For those of you who don't like to click links:

A neo-Nazi father of a newborn caused a stink with the hospital when he found out a black nurse was taking care of his baby. The hospital then told Nurse Tonya Battle and all other black nurses not to take care of that baby. Nurse Battle is suing the hospital "for emotional stress, mental anguish, humiliation and damage to her reputation."


It sounds to me like Nurse Battle's beef should be with the Nazi dad instead of the hospital.





Also, someone needs to create a superhero named Battle Nurse.

 

[Tacit Ronin]

I hope she wins the battle.

 

[Schlosser85]

The hospital should have told the dad to get over himself.

Also, it's kind of awesome her name is Nurse Battle.

 

[Matt]

I can't side with the nurse. I feel like what the Nazi did was terrible, but he has a right to deny treatment of his child by whomever for any reason that he'd like. Now, perhaps the hospital administrator should've told him, "Take your newborn and get the hell out." But would you really leave a newborn child in that man's care before it was ready to be sent home?

 

[Pink Ranger]

The employer reacted in the exact wrong way here, and I hope they lose their shirt over this. It's like if the nazi came into a restaurant and asked for all the black and latino employees to be sent to the kitchen until he finished his meal, the restaurant manager's job is to say "no, please leave."

 

[Darthphere]

The employer reacted in the exact wrong way here, and I hope they lose their shirt over this. It's like if the nazi came into a restaurant and asked for all the black and latino employees to be sent to the kitchen until he finished his meal, the restaurant manager's job is to say "no, please leave."

I've never given birth in a restaurant but I'm sure they're the same thing.

 

[Tacit Ronin]

It will be a grueling battle I'm sure.

 

[Darthphere]

It will be a grueling battle I'm sure.

A slobberknocker, barn burner even.

 

[C. Lee]

It sounds to me like Nurse Battle's beef should be with the Nazi dad instead of the hospital.

No. He has the right to request anything he wants. The Hospital does not have to comply with them though.

I can't side with the nurse. I feel like what the Nazi did was terrible, but he has a right to deny treatment of his child by whomever for any reason that he'd like. Now, perhaps the hospital administrator should've told him, "Take your newborn and get the hell out." But would you really leave a newborn child in that man's care before it was ready to be sent home?

You might want to check into that. I believe there have been multiple times someone has requested that no treatment of their child should be done due to various reasons (mostly religious) and the decision is made that treatment of the child supercedes the wants of the parents.

I've never given birth in a restaurant

Where all have you given birth?

 

[Darthphere]

Where all have you given birth?

I gave birth in Yellowstone once.

 

[Darthphere]

I have to say, I don't really understand the "emotional stress, mental anguish, humiliation and damage to her reputation" this caused the nurse. Should the hospital have complied with the request? Probably not. But by all accounts being a nurse is hard enough. The hospital requesting that they don't attend the bigot's baby seems like to me they were saving the black nurses from unwarranted grief from the Nazi *******. I mean, Nurse Battle really wanted to subject herself to the treatment Nazi Dad might have given her for taking care of the baby? This seems like a dumb lawsuit to me in all honesty.

 

[C. Lee]

I gave birth in Yellowstone once.

Is that how it came to be denoted as a National Park?

I have to say, I don't really understand the "emotional stress, mental anguish, humiliation and damage to her reputation" this caused the nurse. Should the hospital have complied with the request? Probably not. But by all accounts being a nurse is hard enough. The hospital requesting that they don't attend the bigot's baby seems like to me they were saving the black nurses from unwarranted grief from the Nazi *******. I mean, Nurse Battle really wanted to subject herself to the treatment Nazi Dad might have given her for taking care of the baby? This seems like a dumb lawsuit to me in all honesty.

If they give in to one person saying they don't want a black nurse, then they can potentially give in to that request again and again....and then her job is in danger. She would be unable to work, not because of her abilities, but because of the color of her skin.

 

[Piper Maru]

I gave birth in Yellowstone once.

I gave birth once, it was after Mexican night. Quite a painful experience I kid you not. But I was very proud.

 

[Spider-Who?]

Is that how it came to be denoted as a National Park?


If they give in to one person saying they don't want a black nurse, then they can potentially give in to that request again and again....and then her job is in danger. She would be unable to work, not because of her abilities, but because of the color of her skin.

She can't sue for any extreme "possibility" like that. As far as the articles state, this was a one time incident. While we don't know the whole story, it really feels to me that she's just seen an opportunity to make a few bucks. Yes, its despicable that there are still people like the father living in this world, but unfortunately, it's his baby, and he has the right to say who can or cannot take care of his child. What choice does the hospital have? If they tell him to shut up or to take his child to another hospital, they run the risk of being sued for malpractice. Should the hospital have taken the nurse aside and explained the situation as opposed to having a note in the baby's file? Yeah. But even then I for the life of me can't see this being worthy of the pain, suffering, humiliation, and damage to career that this woman claims.

 

[Micromind]

It is insulting to the nurse, what if the doctor was black ? would he refuse to get medical examination done by that Doctor ?

 

[Spider-Who?]

It is insulting to the nurse, what if the doctor was black ? would he refuse to get medical examination done by that Doctor ?

Probably.

 

[Darthphere]

I think you guys are missing something. It's a hospital, you don't have a right to pick and choose which nurses, doctors or orderly you want to take care of you or your family. I don't know where you guys are getting this notion that you "have a right" to pick who take cares of you in a hospital. As someone who has spent a lot of time in hospitals unfortunately let me tell you, you don't. The hospital should not have been accommodating to this bigot. However, perhaps to avoid any disturbances or unnecessary drama they granted his request. I think the hospital was wrong in doing so but on the other hand I don't buy this lawsuit. I don't see how the nurse was slighted or was traumatized by this seemingly one time experience. The possibility of it happening again is not enough to bring a lawsuit. We don't prosecute thought crimes or have the power to punish something that might happen in the future. They will probably settle out of court.

 

[Matt]

No. He has the right to request anything he wants. The Hospital does not have to comply with them though.

You might want to check into that. I believe there have been multiple times someone has requested that no treatment of their child should be done due to various reasons (mostly religious) and the decision is made that treatment of the child supercedes the wants of the parents.


Where all have you given birth?

I think you guys are missing something. It's a hospital, you don't have a right to pick and choose which nurses, doctors or orderly you want to take care of you or your family. I don't know where you guys are getting this notion that you "have a right" to pick who take cares of you in a hospital. As someone who has spent a lot of time in hospitals unfortunately let me tell you, you don't. The hospital should not have been accommodating to this bigot. However, perhaps to avoid any disturbances or unnecessary drama they granted his request. I think the hospital was wrong in doing so but on the other hand I don't buy this lawsuit. I don't see how the nurse was slighted or was traumatized by this seemingly one time experience. The possibility of it happening again is not enough to bring a lawsuit. We don't prosecute thought crimes or have the power to punish something that might happen in the future. They will probably settle out of court.

MOST federal courts of appeals (which would probably be binding here because she filed in federal circuit court according to the article and SCOTUS hasn't weighed in on this to my knowledge) have held that parents have the right to deny their children non-emergency treatment. I am aware of only one case dealing with a newborn. I read it some time ago, but the court decided that because the newborn needed emergency treatment, the hospital could overrule the parent but if I remember correctly, the dicta HEAVILY implied that if it was not life saving treatment, the parents had the right to decline it. Nothing in the article implies that the treatment is life saving, therefore the parents had every right to decline treatment.

Now, the hospital did not have to grant the request, but it seems to me like the hospital administrator was in between a rock and a hard place. If he does not accommodate the parents, they would take the baby and leave. The first few hours of an infants life are crucial and while it may not be considered life saving, they could do some serious damage (to both baby and mother) by leaving. Plus they would probably open themselves up to a lawsuit from the parents (though I'd argue that one would be easier to beat). On the other hand, if the administrator does grant the request....well...it also resulted in a lawsuit.

I dunno, I feel like the administrator made the right call. He or she was put in an awkward spot and probably had moments to decide. I'd say making sure the parents remain happy and the baby continue to receive care trumps hurting someone's feelings. It is not right, I can see how Nurse Battle is offended, but I don't think that she should sue the hospital. Especially for what she is claiming....it sounds a hell of a lot like she is claiming intentional infliction of emotional distress, and I just don't see it. A jury of her peers might though....who knows? Like Phere said, it'll probably be settled out of court (if it survives summary judgment and motions to dismiss that is....I don't really know how liberal Michigan's district courts are in regard to tort claims, some circuits will rubber stamp any tort claim, others are much more difficult to get past early motions....time will tell).

 

[THUNDERSTRIKE]

Get Jesse Jackson on the case.

what good is HE gonna do?... he's pretty much useless at the moment as he's dealing with the disgrace of his son and daughter-in-law resigning their government positions and admitting their guilt in misuse of campaign funds and both about to be sentenced to serve some jailtime for it...

 

[KevanG]

Also, someone needs to create a superhero named Battle Nurse.

It's a Dnd class.

"Battle Nurses are excel in the ways of magic and have a variety of spells that compliment her and her allies. She has the ability to pressure enemies with knives (as she gains proficency) but it takes away from her role as a support unit. "

Maybe she should break out the knives on that jackass.

 

[Marvolo]

Oh Lord save us from the black nurse cooties! Whatever will that white child do if the parents don't protect him! :sarcasm:

Ignorant bigot. If I had been a doctor I would have either laughed at him or said We at this hospital put the needs of our patients before bigotry and racial hatred.

 

[Schlosser85]

what good is HE gonna do?... he's pretty much useless at the moment as he's dealing with the disgrace of his son and daughter-in-law resigning their government positions and admitting their guilt in misuse of campaign funds and both about to be sentenced to serve some jailtime for it...

Jesse Jackson is and always has been useless.

The only things he cares about are cameras and $$$.

 

[Pink Ranger]

It's a Dnd class.

"Battle Nurses are excel in the ways of magic and have a variety of spells that compliment her and her allies. She has the ability to pressure enemies with knives (as she gains proficency) but it takes away from her role as a support unit. "

Maybe she should break out the knives on that jackass.

Still better than being a Bard.