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For ongoing pain and suffering, loss of future income, and privacy violations among other things. I wonder if she will win?
If nurses contract a disease (in general) because proper protocols were not in place, have you heard of them suing in other cases? Not only for diseases but for injuries?
Newspaper: Nurse who survived Ebola says hospital failed her - San Jose Mercury News
Same difference! The point is the didn't have adequate protection. Ebola is a level 4 danger and one should wear a hazmat suit with a respirator not a simple gown and mask!
I agree the protection was inadequate but I disagree that having to tape the gowns is the "same" as taping one's neck!
The question for a jury will be: was the Hazmat/respirator current CDC protocol when this event occurred? Did the hospital provide the PPE which was recommended by the CDC at that time? From what I've been able to find out, they actually did. Of course, that is the kind of discovery which would be done in the event the lawsuit goes to trial.
I personally think they will and should settle.
If I accept an assignment I'm not qualified for, and the outcome is bad, what should happen?If the hospital doesn't have the equipment to treat my patient, and I know the care is inadequate, what should happen to me?
There are consequences to nurses who knowingly engage in treatment that is inadequate for their patient.
Nina Pham continued to care for this patient knowing the protection was inadequate. She knew she was at risk and she proceeded anyway. She's either a better person than me, or a dumber nurse than me. Or both.
I don't care that she's suing her employer, though I believe she knew full well the danger she placed herself in.
She has bills to pay. She might be sued. There might be long term issues with the experimental drugs she took.
She volunteered to step into the room with the most dangerous disease in the world. She knew her iso equipment was inadequate. Her defense is that she didn't, but I'm crediting her with at least being as smart as me.
Anyway, she's sued and the hospital will settle. I wonder if that will start a trend?
The standard person didn't know anything about Ebola. I can't imagine walking into work and taking care of an Ebola patient and I know about it because I read books like The Hot Zone that discussed the need for hazmat suits with respirators. We are not a third world country that we should be expected to settle for a plastic gown and mask when any biocontainment lab in the USA wears the full protective gear. Those nurses were thrown under the bus first by the CDC and then by the hospital!
Someone was going to have to take care of the Ebola patient and if she volunteered that doesn't mean she isn't entitled to be safe and doesn't have the right to sue! Corporations only respond to the pocket book. Look at the Ford Pinto explosions the management decided it was cheaper to let people die rather than fix the defect in the first place. Same BS with GM and the ignition problems that left many dead and injured! Hopefully this lawsuit will put all hospitals on notice that it is their responsibility to protect their workers!
The standard person didn't know anything about Ebola. I can't imagine walking into work and taking care of an Ebola patient and I know about it because I read books like The Hot Zone that discussed the need for hazmat suits with respirators. We are not a third world country that we should be expected to settle for a plastic gown and mask when any biocontainment lab in the USA wears the full protective gear. Those nurses were thrown under the bus first by the CDC and then by the hospital!Someone was going to have to take care of the Ebola patient and if she volunteered that doesn't mean she isn't entitled to be safe and doesn't have the right to sue! Corporations only respond to the pocket book. Look at the Ford Pinto explosions the management decided it was cheaper to let people die rather than fix the defect in the first place. Same BS with GM and the ignition problems that left many dead and injured! Hopefully this lawsuit will put all hospitals on notice that it is their responsibility to protect their workers!
First, let me re-iterate that I support Nina here. I think she SHOULD be compensated.
HOWEVER, if the CDC protocols were followed, and they were inadequate, that's more on the CDC. Public health and hospital policy is not determined by fictional best sellers.
Okay maybe not out of their way, but they did treat her well.It was the nurses providing the hands on care, so I would say the nursing staff went above and beyond.
Once the virus was known the CDC, stepped in and took over so they were in charge, but the hospital delivered the care. The CDC went to her apt, emptied it out and wanted to do away with the dog. That was not the facility.
FYI, I agree she should sue....but there are ample players in this arena aside from the hospital.
Well even if they are treating her well now that doesn't mean she shouldn't sue. It is her right! Many times hospitals will try to admit mistakes and foster good relations to prevent a lawsuit.
I find it deplorable that the nurses were expected to wear cheap plastic gowns, simple masks and put tape on their neck, but the CDC felt it was necessary to destroy all her possessions and even her dog was at risk! What a mixed message! I believe destroying her belongings was way overkill and totally not necessary and she should be compensated for that. I can't imagine both the violation of privacy of having strangers go thru your home and your belongings and have all your cherished keepsakes, clothes, etc thrown away as garbage while you are helpless in the hospital fighting for your life. She has good reason to be angry! I hope she is well compensated and I hope this lights a fire under the rest of the hospitals in the nation to step it up with protecting their staff! It's long overdue!
Well even if they are treating her well now that doesn't mean she shouldn't sue. It is her right! Many times hospitals will try to admit mistakes and foster good relations to prevent a lawsuit.I find it laughable that the nurses were expected to wear cheap plastic gowns, simple masks and put tape on their neck, but the CDC felt it was necessary to destroy all her possessions and even her dog was at risk! What a mixed message! I believe destroying her belongings was way overkill and totally not necessary and she should be compensated for that. I can't imagine both the violation of privacy of having strangers go thru your home and your belongings and have all your cherished keepsakes, clothes, etc thrown away as garbage while you are helpless in the hospital fighting for your life. She has good reason to be angry! I hope she is well compensated and I hope this lights a fire under the rest of the hospitals in the nation to step it up with protecting their staff! It's long overdue!
I believe it was the Texas Dept. of Health which destroyed her belongings, not the CDC. Are they named in the suit as well?
As to the dog, I'm not sure, but I think that was mandated by the City of Dallas.
On my local newstations FB they have a story about this. It's amazing the level of stupidity and self righteous indignation there is in the reply section. People want to know if she is going to share the money with the other nurses and well, we all have aches and pains. What a bunch of idiots.
yet, I don't see any of the soldiers SUING anyone, do you?
Its because we couldn't. My favorite was Rummy's quote on armored trucks, saying we had "to go to war with the Army we have, not the one we want", when it was an "elective" war and he had signed off on multiple other big ticket acquisitions.
I believe it was the Texas Dept. of Health which destroyed her belongings, not the CDC. Are they named in the suit as well?As to the dog, I'm not sure, but I think that was mandated by the City of Dallas.
You are right on this one. I researched that when people were blaming CDC. I know CDC recommended hospitals have drills and education sessions with lots of practice donning and doffing PPE. I know NONE of the hospitals in my city did any of this . . . until Dallas. Then, suddenly, the governor mandated that every hospital had to ensure this was done. Presby also did not call in CDC for help until they were really sinking. Geesh, can you imagine caring for Duncan where the room next to him was filling up with the bio-hazardous waste you just toss in there? Ugh. I don't think I'd even want to open the door.
yet, I don't see any of the soldiers SUING anyone, do you?
I'm never quite sure why people think they deserve a medal for not fighting back (I know in this case the soldiers couldn't sue, and I am not referring to them specifically with that comment)? Just because one group of people decides not to fight against being used as an expendable resource, doesn't mean everyone else should do the same.
I'm hoping Nurse Pham wins, and that her case sets a legal precedent for all of ua nurses out there- we are people, not replaceable numbers. We deserve safe working conditions. Nina's win could possibly represent a win for the profession as a whole.
brandy1017, ASN, RN
2,910 Posts
They are employed by the govt and I don't think they can sue, although I think they should be able to if they do not have adequate armor! But they signed up and knew they could die, wheareas nurses didn't sign up to die for a job!