Kennedy suing Nurses - page 5

by Esme12 8,501 Views | 46 Comments Senior Moderator

Douglas Kennedy sues Northern Westchester Hospital, nurses in newborn incident Less than two months after being acquitted on charges of endangering his 2-day-old son and harassing nurses who attempted to stop him from taking... Read More


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    Quote from Overland1
    This Kennedy is like most of the Kennedy clan; they definitely have class... low class.

    No person should sue a hospital nor its staff unless erious harm was done. This does not rise to that level.
    I agree. If anything, the nurses were harmed more than the baby.
    lindarn and Esme12 like this.
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    Instead of arguing with the nurses he could have simply spoken to the head nurse or doctor or supervisor-type person to ensure the baby's safety to the nurses, what kind of parent acts so stubbornly aggressive with a newborn in their arms? It is obvious from the video that the first nurse was trying to calm him down ( by her hand movements), why did he become so angry? his anger probably made the nurses fear for the safety of the newborn, which is why they found it necessary to stop him from leaving. Anyone who sees the video can see what happened I think the nurses were sincerely fearing for the safety of the newborn. How can you grab someone or kick someone down with a newborn in your arms, and not think twice about the newborn's safety?
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    I'm kind of confused. I'm definitely no apologist for the Kennedys. But I don't care who it is, a parent has custody. Theoretically, they can take their child out of any hospital at any time just as they can sign themselves out AMA (unless they are found not to be competent).

    If they endanger the child by so doing (and I don't know anything about this situation, so I couldn't say - hard to imagine how though, if this was a term infant without special needs) then the hospital is free to contact welfare authorities, who can contact a judge, who can issue orders, and so forth.

    But to call a kidnap alert when you know that a custodial parent has that child and to try to physically stop them is way beyond the scope and in my opinion, could definitely be seen as interfering with child custody.

    I'm not certain how I would have reacted if someone had gotten between me and my own child when he was that age, but I'm sure it wouldn't have been pretty.
    Last edit by Sadala on Feb 24, '13
    elkpark likes this.
  4. 5
    Quote from Sadala
    I'm kind of confused. I'm definitely no apologist for the Kennedys. But I don't care who it is, a parent has custody. Theoretically, they can take their child out of any hospital at any time just as they can sign themselves out AMA (unless they are found not to be competent).

    If they endanger the child by so doing (and I don't know anything about this situation, so I couldn't say - hard to imagine how though, if this was a term infant without special needs) then the hospital is free to contact welfare authorities, who can contact a judge, who can issue orders, and so forth.

    But to call a kidnap alert when you know that a custodial parent has that child and to try to physically stop them is way beyond the scope and in my opinion, could definitely be seen as interfering with child custody.

    I'm not certain how I would have reacted if someone had gotten between me and my own child when he was that age, but I'm sure it wouldn't have been pretty.
    You are entrusted with the protection of the child. Many OB units are alarmed and the babies have bracelets that cause the alarm to go off when the infant is removed. Due to infection control of the unit and the health of infants immediately after birth many (I believe all) have a policy that the babies do not leave the floor/facility and if they do they do not return to the nursery.

    You have a family member leaving with the baby...you say ......"Mr. SoAndSo I'm sorry you may not leave the unit with the baby.....we have a strict hospital policy that the babies aren't allowed to leave the floor" Mr SoAndSo..."Foul Word.....I'm leaving any way it's my kid and I'll do what I want". Nurse...."I'm so sorry you are upset but we really cannot allow newborns to leave the unit until discharge could you please return to the room with you baby"..Mr SoAndSo.." Foul word......It's my kid and I'm leaving..... get the Foul word out of my way"

    YOu as the nurse are now concerned as to why this perfectly respected, wealthy, educated, affluent individual is behaving erratically and in such an aggressive manner......as they jump on the elevator and try to leave....your first response is to call security...the babies ankle bracelet has alarmed the system. The father pushes you out of the way screaming obscenities as he tries to run down the back stairs.....all the time you are thinking "What in blazes is wrong with this guy...is he high? Psychotic? Christ he's gonna hurt that kid.!"

    As he kicks your coworker in the abdomen so hard she stumbles back and falls. Now..... there is an act of a reasonable and responsible father......all becasue he couldn't take his infant for a walk outside in the snow. Really?

    Why couldn't he just go back to his room like any other reasonable individual and abide by the rules? Wait 2 days for discharge to take a stroll with his new born infant outside in JANUARY! Instead he goes postal and acts like a psychopath....of course you would be concerned for the safety of that baby in your care that you are responsible for to protect.

    If ANY other individual acted like this....they would have gone to jail that night.
    JBudd, Pepper The Cat, tewdles, and 2 others like this.
  5. 1
    I wasn't there and don't know why he acted as he did. I'm not commenting on the wisdom or reasoning behind his actions, because I don't know and it doesn't really affect the law in place. Fact is, he has custody and the nursing staff at the hospital does not. He can legally walk out of the hospital with that child at any point. It technically LEGALLY really is custodial interference if someone stops him and technically THAT person could be prosecuted for that or for kidnapping (detaining people from leaving by physically blocking them or by threatening them can be prosecuted as kidnapping - just ask OJ Simpson).

    If he wasn't married to the mother and there was no custody arrangement in place, legally things would be a little more nebulous. But the fact is that he is the LEGAL father of the child and has every right in the world to the child regardless of the hospitals rules. Hospital policy does not trump child custody.

    Hospital staff cannot jump in front of a custodial parent to prevent them from taking a child unless the parent is actually assaulting the child or something of that nature. Even then, best to get the proper authorities involved.
    elkpark likes this.
  6. 0
    Quote from Esme12
    You are entrusted with the protection of the child.
    Certainly, entrusted to do so by the child's PARENTS. And they aren't, I'm sure, asking you to protect the child from THEM, but from others who might care to injure or abduct the child.

    This doesn't mean that you don't report to the proper authorities if you think a parent is a risk to a child. Because certainly, you do. In fact, you are bound to do so by law. But that still doesn't give you custody rights. Only a judge can alter those rights.
  7. 0
    You are obligated by law to protect that baby and to intervene if you feel it is in danger. That is the law. Custodial parents kidnap and abuse their own children ALL the time.

    As a student that has just entered you second semester in nursing school......you have much more to learn about your nursing obligation.....and mandate by law and nurse practice acts. Just because you are a nurse should not give anyone the right to scream obscenities and kick you to the ground.

    Only because he is a Kennedy is why he was not charged with a felony......it is a felony in New York to assault a nurse, healthcare worker, EMT paramedic, police officer and firefighter.

    If ANY ONE else had behaved this way towards the nurses......they would be in jail.

    We will have to agree to disagree.


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