Decatur, Ala. | Tuesday, May 21, 2013
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Nurses sues over race matter
Some patients refuse to see caretakers of a different color
By Jeff Karoub
Associated Press
Lauren Justice/The Flint Journal
Cecilia Rutherford joins a group of protesters outside Hurley Medical Center in Flint, Mich., after a nurse filed a complaint against the hospital claiming it had agreed to a man’s request that no black nurses care for his newborn.

DETROIT — It’s been called one of medicine’s “open secrets” — allowing patients to refuse treatment by a doctor or nurse of another race.

In the latest example, a white man with a swastika tattoo insisted that black nurses not be allowed to touch his newborn. That led several black nurses to sue the Michigan hospital, claiming it bowed to his illegal demands, and a rapid settlement in one of their lawsuits.

The Michigan cases are among several lawsuits filed in recent years that highlight this seldom-discussed issue, which quietly persists almost 60 years after the start of the civil rights movement.

The American Medical Association’s ethics code bars doctors from refusing to treat people based on race, gender and other criteria, but there are no specific policies for handling race-based requests from patients.

Tonya Battle, a 25-year nurse at Flint’s Hurley Medical Center, filed the first lawsuit last month against the hospital and a nursing manager, claiming a note posted on an assignment clipboard read, “No African-American nurse to take care of baby.” She says the note was later removed but black nurses weren’t assigned to care for the baby for about a month because of their race.

That case, which was recently joined by three other nurses, was settled this week. Hospital officials said in a statement Friday that the incident was “triggered by conduct which is not consistent with Hurley’s policies” and that it “fundamentally opposes racial discrimination.”

Earlier this week, Hurley President Melany Gavulic denied Battle’s claim, saying the father was told that his request could not be granted. Gavulic said the swastika tattoo “created anger and outrage in our staff,” and supervisors raised safety concerns.

Multiple email and phone messages left for Battle through her attorney were unreturned, and a listed number for her had been disconnected. She told the Detroit Free Press she “didn’t even know how to react” when she learned of her employer’s actions following her interaction with the father.

She said she introduced herself to the man and he said, “I need to see your supervisor.” That supervisor, Battle said, told her that the father, who was white, didn’t want African-Americans to care for his child and had rolled up his sleeve to expose the swastika.

Attorney Tom Pabst, who is representing nurse Carlotta Armstrong in a second lawsuit that wasn’t part of the settlement, said the hospital’s actions left nurses in the neonatal intensive care unit “in a ball of confusion.”

The Michigan cases follow a 2010 decision by the 7th U.S. Circuit Court of Appeals, which held that the federal Civil Rights Act prohibits nursing homes from making staffing decisions for nursing assistants based on residents’ racial preferences.

In another federal lawsuit filed in 2005, three black employees of Abington Memorial Hospital near Philadelphia claimed they were prevented from treating a pregnant white woman by her male partner, who was a member of a white supremacist group. The man used a racial slur when forbidding any care by any African-Americans.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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7 comments on this item

Nurse sues or nurses sue?

What does it matter ?? The fact is this reprobate skin head should have been kicked out of the hospital and arrested !

John

Clearly multiple nurses must have filed multiple suits :).

Just amofer tipo that we has becames normal.

so the nurses sue the hospital over something a patient did? hmmm ok, wait they won? wow this country is doomed

You are right Ronald, the Black nurses suing the hospital on behalf of the white idiot also just reinforced his misguided beliefs. This world has to learn to ignore these people and continue to be the better person.

He should have went to a skinhead hospital. Bless his little baby's heart!

Where did his happen??? What not in the south? Really I thought only raciest were in the south, surely he's from the south. No!? How can this be? I've been taught my whole life only southern whites can be raciest, my world is upside down.

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