Michigan hospital sued after honoring woman's request for "white nurse only"

[klone]

3rd Michigan hospital faces suit alleging it honored patient request for care only by white nurses

In the lawsuit, Teoka Williams, RN, alleges that on Oct. 2 she heard a patient say she did not want any black caregivers. Ms. Williams says she told the clinical manager, who then spoke to the patient. The clinical manager then reportedly told Ms. Williams not to enter the patient's room or care for her. A white nurse was asked to care for the patient.

Ms. Williams also alleges that she told the human resources department about the incident and was told "patient requests are honored all the time and that the next time it happened, she would be taken off the assignment altogether," News 5 Cleveland reports.

[Davey Do]

I know that I'd rather not take care of a patient who had an inherent dislike of me from the very beginning.

Oh really, Sour Lemon? Really?

Had a elderly female patient on geriatric psych who loudly complained about everybody and everything. She was an involuntary admit and she threatened to report the staff to administration, threatened lawsuits, and the whole shebang.

My work wife Eleanor, who has the patience of a saint, said the patient was evil incarnate.

At one point, I took her meds to her room, got her an extra blanket, and was oh so sweet to her.

Before I left her room, I enjoyed animatedly saying the line with a toothpaste smile and without opening my mouth, "Is there anything else that I can do for you? I have the time!"

To my surprise, the patient actually laughed!

[Emergent, RN]

Patients fire nurses all the time, usually because the patient is an unreasonable PITA. This time it was over race, the next time it might be over some other ridiculous prejudice based on height, weight, gender, attractiveness, or whatever!

I think this suit is frivolous and absurd.

[klone, MSN, RN]

I agree with you, but I don't understand the legal basis for this nurse being allowed to sue the hospital. If these cases are being upheld in the court then what is the hospital to do, who's "rights" will stand, the patients or the staff.

Anyone can sue anyone for anything. Doesn't mean they'll win, or that their case will be heard.

[FolksBtrippin, BSN, RN]

I find these cases interesting. I can't seem to form an opinion about what patients should be "allowed" to request ...but I know that I'd rather not take care of a patient who had an inherent dislike of me from the very beginning.

I feel exactly the same way.

You better tell me if a patient does not want someone of my race because I want off that assignment. I would go in expecting the patient to accuse me of providing inferior care. No thanks.

[Daisy4RN]

Anyone can sue anyone for anything. Doesn't mean they'll win, or that their case will be heard.

Yes, but I thought there were other cases also. How did they turn out? This article says this was the 3rd. No matter what happens we know that hospitals change policies all the time based on a single complaint.

[Kooky Korky, BSN, RN]

I feel exactly the same way.

You better tell me if a patient does not want someone of my race because I want off that assignment. I would go in expecting the patient to accuse me of providing inferior care. No thanks.

I just realized your handle is trippin, not strippin. LOL No, it's not a relevant remark, I just noticed it now, that's all.

As for someone preferring a particular person to care or not care for them, I think we should give people what they want if possible. We can't force our beliefs or views on others and expect to make them change, although they sometimes do change, as Davey Do points out.

Does it gall me? Yes, somewhat. Even so...

I personally don't want to be anywhere near someone who automatically dislikes me based on, for example, race. I'd be afraid they'd c/o about me, sue, lie, etc.

I just saw Black Klansman. Wow, it sure gives you something to think about. I didn't know the KKK hated Jews so much, right along with Blacks. So sick, this world we live in.

As for a Muslim woman wanting only female caregivers - if that is her wish, I would honor it as much as possible. At the very least, I would have a female chaperone with me if I had to be her nurse.

[Daisy4RN]

I just realized your handle is trippin, not strippin. LOL No, it's not a relevant remark, I just noticed it now, that's all.

As for someone preferring a particular person to care or not care for them, I think we should give people what they want if possible. We can't force our beliefs or views on others and expect to make them change, although they sometimes do change, as Davey Do points out.

Does it gall me? Yes, somewhat. Even so...

I personally don't want to be anywhere near someone who automatically dislikes me based on, for example, race. I'd be afraid they'd c/o about me, sue, lie, etc.

I just saw Black Klansman. Wow, it sure gives you something to think about. I didn't know the KKK hated Jews so much, right along with Blacks. So sick, this world we live in.

As for a Muslim woman wanting only female caregivers - if that is her wish, I would honor it as much as possible. At the very least, I would have a female chaperone with me if I had to be her nurse.

I agree that we should always try to accommodate the patient's request but I think we can all see where this might go, and it isn't good. Hospitals are already accommodating way too much. This will just add one more layer of entitlement to patient demands. (Middle of shift and now you have to change patients because of this/that) I don't have a problem with either nurse or patient asking for accommodation but it should not be expected to always happen. Sometimes you just gotta suck it up. I have had both nurses ask for change of pt, and pt ask for change of nurse, sometimes you can and sometimes you cant, that's life. I still am unclear why this nurse sued.

[203bravo, MSN, APRN]

I remember that parents requested a white nurse for their infant in the NICU, but I don't recall where it took place.

This case was also in Michigan in 2013 and the hospital settled with the nurses (there were 4 in the suit) for "nearly" $200,000 -- the interesting thing here is that the attorney for this case was Gafkey Law Firm.

The same firm filed another suit on behalf of an RN for a hospital honoring a patient's request to have no African American caregivers and they lost that case in 2015. The decision was upheld on all appeals citing that any effect on the Plaintiff was de minimis (minor) and temporary. It continues to say that the nurse suffered no adverse effects in shift, employment, assignment, pay, or benefits and since African American nurses were allowed to care for white patients, the facility showed no perceived discrimination based on race while making assignments.

The article that was linked to the first post in this thread references the fact that is the 3rd case since 2017 for honoring such requests -- the other 2 have been filed and are still pending and guess which law firm has filed all 3 of the current cases, yep Gafkey.

This law firm hit the jackpot with the first such suit, considering that it is usual for law firms that take these contingent cases get 30% of the award plus their expenses, and is hoping to repeat such an easy win.. But unfortunately for them precedent has been set and upheld in favor of the facilities. But rest assured that these 3 new cases all have added specific language as to how their clients have suffered a major effect in their employment.

Will be interesting to see how this plays out.

[JadedCPN, BSN, RN]

I think there is a difference in asking for an accomodation based on a religious reason/preference, and asking for an accomodation because you're racist. I do not think that hospitals should be accomodating to that type of ignorance and racism, and I think it sets a tone for the racist that their behavior is acceptable when it absolutely is not.

That being said, I'm not sure why this person sued, and I'm also not sure why someone would willingly want to take care of a person who doesn't want them as their nurse.

[featherzRN, MSN]

That's the point here - I'm on the side of the nurses, not the racist patients.

I don't think the patient has the absolute right to request a certain race (unless perhaps with language or disparate religious issues) but who would want to be the unwanted nurse?

This happened to me once, a long time ago.. (and I'm white, not that it matters). I was *VERY* happy to not have to take care of the racist patient. Never even thought to sue, just 'fine, that's what you want? sure thing!'. Working a 12 hour shift with someone who does not want me there? Nah, not worth it.

[turtlesRcool]

Exactly. That's the driving principle hospitals that I have worked for have used when dealing with such requests -- that they are protecting the staff by honoring the request...

I also wouldn't want to provide care for a patient who was "out to get me" for some reason -- not matter how wrong their thinking was.

So far, I've not personally witnessed a patient refusing care from a staff member based on race. What I have seen is patients being difficult or outright abusive to staff members based on race. In those cases, I have tried to avoid having POC be assigned to the patient because I don't want my colleagues to have to deal with that.

In one case, it was my patient, but the aide was enduring racist remarks every time she entered the room. I told her she didn't need to go back in, to let me do the next round of vitals, and I'd answer the call bell. I made sure charge knew the issue so hopefully the next shift's assignment would not have black caregivers assigned. It was halfway through the shift, and I had the time to pick up the CNA duties for that patient, though I realize there are cases where the assignment would have to be redrawn.

I've also seen it with patients wanting an "American" nurse - usually when the nurse was of Asian origin. We have quite a few nurses educated in the Philippines, and they're mostly senior and fantastic nurses. Clearly, they have experience dealing with patients who are difficult, but don't outright fire them, because they respond with professionalism and grace. But it blows my mind that a patient would prefer me because of my perceived "American-ness" over a nurse with a hell of a lot more experience. Usually if I see that at shift change, I'll pass it on to charge. I figure if we tell charge about other issues that can affect the assignment, giving a heads-up about a racist patient/family member is a legitimate factor to consider.

[trytounderstand]

As a patient I have no problem with male or female, black, white, Hispanic, Asian, or religious belief as long as they respect my dignity, take good care of me, give me good medical care, and are respectful to my family as long as they are not overbearing which I have seen happen in other families in more than one instance. I expect them to treat with the same respect that I would treat them. All is good.

But I do not understand why the nurse should be able to sue the hospital. If the hospital is honoring a patient request which to me this is the same as honoring no female or male or religious belief, then how are they to blame? If the nurse wants to sue anyone for racial discrimination it should be the patient or the patient's family. This was not harming the nurse financially or career wise. So every time some one is offended they should be able to sue?

Any patient should have the right to request all male, all female, according to religious beliefs and no one should get their nose out of joint or request a second opinion. In some cases you never know what a patient or caregiver has had to deal with in the past or what will impede the patient's recovery and it may across as racist.

Commonsense tells a patient that the hospital may not be able to honor their requests because we all live in the real world and there will be times that as long as you are getting proper medical care you may have to deal with whoever is caring for you at the moment or until shift change or until the accommodation can be honored. But there is nothing wrong in asking for a different nurse or doctor if you see that in the long run it is not going to work. The same as there is nothing wrong in a nurse or doctor asking for someone else to take the case because it is not going to work and will possibly affect patient recovery and the rest of the staff because of the upset. Better to stop it before it starts. But I do believe if I was a caregiver and there was a personality conflict or a conflict of any kind I would rather the patient spoke up or I had the choice of caring for that patient rather then it becoming a possible battle and some one losing.