Race-based request NCIU
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  1. #1
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    Default Race-based request NCIU

    Lawsuit: Race-based request sidelined Michigan nurse - CNN.com

    The man approached Battle, while she was caring for his child in the hospital's neonatal intensive care unit, asking to speak to her supervisor, according to the complaint filed in January by Battle's attorney.

    She pointed the charge nurse in his direction.

    The man, who is not named in the filing, allegedly showed her a tattoo that may have been "a swastika of some kind" and told her that he didn't want African-Americans involved in his baby's care.

    The request, according to the lawsuit, made its way through management ranks, and was granted. Battle's manager called her at home to tell her she would be reassigned -- and why, the suit says.
    What do you think? Is it a request that should be honored? Does she have a case?

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    I don't know. I would like to think I have the ability to pick who I want caring for me and my children, within reason, and while I disagree with him where would that leave me if I am not happy with a certain nurse's care or bedside manner? Can I not try to ask for someone else without being sued.

    I don't really think she has a case, but I have no legal background either. I think, his actions were awful and as I parent I would want the best care for my child regardless of color.

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    Mega Poster mom3girls's Avatar
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    I would like to hear the other side of the coin. Did the dad have an actual swastika? Was he an actual racist?

    I had a HORRIBLE experience with a nurse when I was 26 weeks pg with #3. She was so horrible, my husband went and found the head of the hospital and told them she was no longer allowed in my room. When my OB showed up he told us we were not the only people to complain, that most people that came in contact with her asked to not allow her into the room. This experience taught me that even a super competent nurse is not always the best person to care for some people.
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    Posting Addict mom2robbie's Avatar
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    I think where the problem becomes is the specific note on the file saying no African-American nurses were allowed to touch the baby. So it does not seem to me to that it was not an issue of this nurse's competency. I think she has a case, especially with the hospital admitting the reason for her being moved was race.

    You do have the right to ask for a different nurse if there is something wrong with their care, manner etc.

    When my epidural wore off when I had Robbie the Tylenol 3s they gave me were doing nothing. The nurse who I had that night told me I was being a brat for asking for something stronger. No, I was not, I was in the middle of a gallbladder attack and T3s were not going to help. I called her on it and she apologized not having looked at my chart and seeing I had been in labour for 73 hours before giving birth and the gallstones.... She was only my nurse for 2 hours but if had not been overnight I would have asked for a change.
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    But technically the hospital wasn't doing that because they think AA nurses should not be allowed to touch babies. It was one patient's request.

    Again, I think it is a disgusting request but reasons for not wanting medical professionals to work with you can be very subjective. Why is my reasoning better than his so to speak?

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    Online Community Director MissyJ's Avatar
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    I'm curious as to who put the note within the chart... (since the hospital's lawyer had it removed.) Was the request specifically for this one nurse (as in he complained and asked for her to be removed... and someone projected that it was because of a tattoo depicting a swastika that it was because of race -- or did he actually state that he wanted no AA nurses period for his child's care?

    I agree with Jessica that the request was disgusting. My hope is that this man learns as a father that he needs to put his child's LIFE above his own prejudices.

    ********

    In reading through the comments, however, I did come across one that gave me pause. What about female patients refusing care by a male nurse or caregiver? (For the sake of this argument, let's focus on someone that must give personal care outside of dealing with meds or checking vitals.)

    Does a patient have a right to state that they simply are more comfortable with a female handling their care or should that be considered a discriminatory request? After all, most male patients must have opposite sex caregivers since the nursing field continues to be primarily female dominated.

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    I think if it is within reason that we should be able to request a preference...but it doesn't mean it has to be or is able to be granted. If I wanted a female nurse and only male nurses were available...well I'm out of luck if I want care.

    I have a preference for female physicians for ob/gyn and pcp. If I'm sick though, I will see anyone but I have the right to ask for a female physician and they have the right to say a female physician isn't available and I have to make a choice on what I want to do.

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    Posting Addict mom2robbie's Avatar
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    From the stories I read the note said no AA nurses, now it may be there was only one AA nurse in the NICU but that does not change things. I think that tattoo thing does not matter and may be a way of trying to justify what happened.

    I have had both male and female nurses and have no issues, however there are some procedures that as a sexual assault survivor I find it harder for a male to preform. If I know even a few minutes in advance I can prepare myself and it is ok.
    Margaret (44)
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    Bailey (April 2, 2011)


    "The soul always knows what to do to heal itself. The challenge is to silence the mind." Caroline Myss

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    Community Host Sapphire Sunsets's Avatar
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    Quote Originally Posted by MissyJ View Post
    In reading through the comments, however, I did come across one that gave me pause. What about female patients refusing care by a male nurse or caregiver? (For the sake of this argument, let's focus on someone that must give personal care outside of dealing with meds or checking vitals.)

    Does a patient have a right to state that they simply are more comfortable with a female handling their care or should that be considered a discriminatory request? After all, most male patients must have opposite sex caregivers since the nursing field continues to be primarily female dominated.

    Bolded: Yes, they do. When i worked at the nursing home as a CNA we had one hallway where there couldn't be any male aides because the majority of those women requested only females (and it's written in the care plans).

    On subject: Yes, you can refuse a nurse. We did while *J* was in the NICU, that was because she kept forgetting to lift the table back up that he was on and the water/moisture from the vent was going into his lungs. Not fun to see.

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    Posting Addict Spacers's Avatar
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    I think anyone should be able to refuse any care provider they want to, for any reason they want to. I don't think this father's reason was a very good one, but it was to him and it's his baby needing the care. And I don't see how this nurse has anything to sue over, unless perhaps she was sent home without pay instead of being re-assigned to someone else who didn't hate her because of her skin color.

    When I was in labor with Weston, the stupid little barely-out-of-med-school resident who told me I wasn't "authorized" to have a VBAC was told -- and not very politely, either, since I'd been in labor for almost three days at that point & had spent the morning trying to push a baby out! -- to get out of my room and not come back.
    David Letterman is retiring. Such great memories of watching him over the past thirty-two years!

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