School Nurse Sues Over Being Fired For Taking Student for Pregnancy Test And Abortifa - page 4

BANGOR, Maine, May 4, 2005 (LifeSiteNews.com) - School Administrative District 27, Portland Maine, is fighting a lawsuit brought by a former school nurse. Lola Charette was fired for taking one of... Read More

  1. by   mommatrauma
    I'm sure despite all of the "facts" portrayed in the story...maybe there is something we are missing...Maybe the student, who is an emancipated minor...told the school nurse that she was going to leave and go to the appt regardless of whether or not she took her...and maybe the nurse in her good conscience thought she could not let this student travel to this appointment by cab or by whatever other means she would try to get there, and felt that the student would be safer being transported with her, so she could at least feel the child was safe with someone she knew rather than someone she didn't know. At which time then it would have been a confidentiality decision about not telling anyone especially the girls parents about taking her off campus....what if she did take a cab...and the girl was raped by the cab driver enroute to the clinic...and the nurse had full knowledge that the girl was going to leave the school and go to this clinic...and let her go to "cover her own ***" because of the "conflict of interest" while at the same time not telling anyone about it because of the confidentiality law she is bound by...Then we'd be reading about the nurse being responsible for the girls rape...Damned if you do...damned if you don't....Just playing devils advocate....
  2. by   sbic56
    Hey, would you mind telling my husband I'm levelheaded and nonprovocative?
    Hehehe...sure, I'll tell him. And I bet most everyone here would vote yea on that, too...but I don't think it would help much, as a jury of his peers would probably perceive otherwise regardng the stable nature of our fairer sex. It's a Venutian/Martian thing, I think.
  3. by   FocusRN
    Quote from JessicaGmz
    A minor is just that a MINOR or child. The parents are responsible for their child and should be aware of everything that goes on with them. It is so silly that just because the child wouldn't allow anyone tell the parents it had to be done. Well, what if the child was wanting to committ suicide or something, shouldn't the parents know of her intentions regardless of whether she wants them to find out or not? Anyhow, that is just my $0.02. I don't agree with the woman's actions but oh well to each its own.
    Being a newm mom who is a "MINOR", and of course having been pregnant as a minor (I graduated when I was 15), I don't agree, and even if I was not the person that I am I would still disagree. First lets look at law and your reference to suicide. The last time I checked it is the duty of a healthcare provider keep anything told to them by a patient, and any medical conditions, of a patient confidential, unless and until on of the following occur:

    The patient whether it be a minor child or adult wave that right; Or

    The patient threatens harm to another person ( In this case "person" will mean any person of a live birth, or a fetus that is considered to be viable which at the moment law says 24 weeks gestation); Or

    The patient threatens har to his or herself.

    So that takes care of you "so what if she jumped off a bridge" angle.

    Next lets take a look at the basic rights of a mother. I don't believe in abortion what so ever, but a fetus under 24 weeks gestation is by law considered property. Now I do not see it that way, but law does say that a person has the right to do whatever they want with their property as they see fit, as long as they don't infring on the rights of others. So, all that to say a mother has the right to take a pregnancy test, and carry her child to raise or put up for adoption. That same mother has the right to abort her child. It is not you place or anyone else's to say because she is a minor her life belongs to her parent's so they should have been informed. Since I was about 12 years old, I kept it simple with both of my parents, you mind your business and I'll mind mine. My life is my own, and the mistakes that I make are mine to make and mine to learn from. That's life, and life has no age requirement.
  4. by   smk1
    Quote from fergus51
    This has nothing to do with her taking students off campus. Nothing. If you buy that one, I have a bridge in Brooklyn you might be interested in. If she had taken them off campus to have an ice cream cone, do you think we would be reading about it? No one would be so outraged if that was the case. This is all about teen sexuality and the morning after pill. It would have been smarter for this nurse to make the appointment for the girl and call her a cab, but in the end this isn't about her being off campus.
    i agree with this, because in the article the reason stated for her termination was because she exercised poor judgement in taking the girls to obtain medical care without permission. If they really fired her for violating an unwritten policy in taking the kids off campus without permission then, that is what they would have written in the dismissal letter. Having said that I certainly would want to know if it were my daughter, but the district is trying to back pedal and find a reason to fire her that will hold up in court. Having worked as a health assistant in the school nurses office, I feel for this nurse because there were many grey areas, where if you do one thing you might be breaking school policy, but you could also put your nursing license in jeopardy if you do things that they try to require.
  5. by   smk1
    Quote from Marie_LPN
    Twoe separate issues though, the nurse could have taken her to a gynecologist jsut for a check up and she still would have been wrong for doing it. Taking the student out of the building was wrong, for whatever reason that she did it is beside the point.
    i do agree with this, however there isn't a written policy at this school (at least that is what the article said) and the termination letter didn't state this as the reason for termination. it stated taking the kids to obtain medical attention without parental permission. This is the problem i have with the firing. They can't cite one reason in the letter, then change it to a different reason once they are called on it. Let's hope they learn from this and get a clear written policy to prevent this in the future.
  6. by   Spidey's mom
    Quote from sbic56
    Hehehe...sure, I'll tell him. And I bet most everyone here would vote yea on that, too...but I don't think it would help much, as a jury of his peers would probably perceive otherwise regardng the stable nature of our fairer sex. It's a Venutian/Martian thing, I think.
    Boy is that the truth . . . .

    steph
  7. by   markjrn
    Quote from sbic56
    Rural upstate Maine is alot different than even southern Maine, believe me! To give you an idea how different it is... anyone who thinks they can just move up there and fit in, is mistaken.
    Very, very true of Fort Kent.





    Quote from mattsmom81
    I thought the same thing Fergus..call the cab and even given her $$ for the fare and stop there. That would have been the smartest decision, for sure.
    Fort Kent does not have cabs. It's too small.


    ETA: I feel safe in saying that the parents involved, and other parents living in this small Catholic town probably did not only dislike the fact that their consent was not required, but the action was against their religious beliefs. Hence, the public outcry. The school is covering it's butt, IMHO. Fire away!
    Last edit by markjrn on May 7, '05
  8. by   sbic56
    ETA: I feel safe in saying that the parents involved, and other parents living in this small Catholic town probably did not only dislike the fact that their consent was not required, but the action was against their religious beliefs. Hence, the public outcry. The school is covering it's butt, IMHO. Fire away!
    markjrn

    You know there will be not shots coming from me! I sense what you surmise is pretty darn close to the truth. I'll keep everyone posted on this one...
  9. by   markjrn
    Quote from sbic56
    markjrn

    You know there will be not shots coming from me! I sense what you surmise is pretty darn close to the truth. I'll keep everyone posted on this one...
    Let us know what you hear. I'm also very curious. I'm sure I'll hear something, I just doubt that I'll be able to repeat it...
  10. by   LPN/TXnurse
    Quote from fergus51
    This wasn't a medical procedure, it was a test and a prescription. As far as I know there is not a law against anyone taking willing teenagers off campus, only an unwritten school policy. If this was about a tattoo, you're right, none of us abortion crusaders would care. Because the nurse would not have been fired.
    I for one would be furious if the school nurse took any of my children out of class and took them anywhere without my permission. Tattoo, ice-cream or to a planned parenthood clinic. That nurse was way out of line to do what she did. If that girl came to her afraid she was pregnant she could have told her about pregnancy crisis centers she could go too. But she should not be making appt's for her or providing transportation. I guarantee if a school nurse does that for my daughter whoa buddy there will be hell to pay. Somehow that child's parents should have been aware of what was going on. Confidentiality or not we are talking about a minor who probably is not really capable of making such a decision or really knowing what she may go through after doing something such as this.
  11. by   angelladyclaire
    Quote from stevielynn
    Marie - that paragraph jumped out at me too.

    I also liked the one that said it didn't matter whether it was an appt at a clinic or a tattoo . .. .what right does any school employee have to take my daughter off campus for anything for any reason? NONE. She used very bad judgment here. Confidentiality has nothing to do with this case.


    steph
    I totally agree. OF COURSE she was fired! She took a student off campus in the middle of a work day without parental consent. She deserved to be fired. If she had taken the kid to a clinic after school hours, then the situation would be sticky. This one is cut and dried. Bad judgment. :angryfire
  12. by   VivaLasViejas
    Quote from angelladyclaire
    I totally agree. OF COURSE she was fired! She took a student off campus in the middle of a work day without parental consent. She deserved to be fired. If she had taken the kid to a clinic after school hours, then the situation would be sticky. This one is cut and dried. Bad judgment. :angryfire
    I was going to try to stay out of this one, but I can't help it: I totally agree with what was said here. I think that nurse deserved to lose her job for exercising truly horrendous judgment---all other considerations aside. You DO NOT take a child off campus without her parents' knowledge and permission. And how dumb is it to transport a patient ANYWHERE in your own personal vehicle? I mean, what if you got into an accident, even through no fault of your own? What if you were carjacked? What if the patient suddenly crashed and you were miles away from help of any kind?

    That nurse took total leave of her senses, and she's lucky to still have a license IMHO. She ought to chalk it all up to experience and go find another job, if she can......I hope her lawsuit gets thrown out of court.
  13. by   OC_An Khe
    Was there a written policy about taking the student off campus without permission. From my reading there wasn't and this nurse will probably win in federal court. Good judgement /bad judgement using school vehicle during school hours is an open question. Have nurses taken children for any type of medical treatment before and not been disciplined? If there was only one case of that happening in the district that didn't result in termination of the nurse then the superintendant was in the wrong for firing the nurse.

close