Ind. ruling halts caregiver choices based on race (Indiana leading the way??)

[jedi]

Ind. ruling halts caregiver choices based on race - Yahoo! News

The article says that this case out of Indiana may lead the way/be citied by other court cases across he nation. Kool I think for Indiana. Not sure I care for the decision. In a nutshell the court is saying that the patient's request to not be treated by someone of a certain race, races does not have to be honored.

Hum.. I'm the one in the nursing home/assisted living home. So I'm paying for a service in that "home" so I should have every right to say what I want, do not want. If I don't want a male/female, white/brown/black/red caregiver/doc/nurse even thought that "person" is the BEST in the world then that is MY choice! But the court is saying no it is not. Hum...

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[shooter521]

Provided the discussion centers around patient rights and not race specifically, this thread can stay open. Tread carefully, folks.

 

[Hoosier8]

If the racism effects the chances of the caregiver to work (you can certainly make that case), then it definitely violates equal rights. This is more of a generational issue, many of these people are literally passing away, like the ex Klan member Senator Byrd.

 

[jedi]

Thanks shoooter521,

Yes the court in this case is ruling that the patient does not have the right to choose based on race what "caregiver" s/he uses. Yet the court has allowed a patient to choose to have a "doctor" based on sex (ie. I am male so I want only a male doctor).

So is the court not being "unfair" or "uneven" on this? After all is it not that you can not discriminate based on age, sex, relgion, gender? Yet in the 2 cases above you can based on sex but not on race? But "race" is not protected under the law? Plus as far as I knew it was a biz that can not discriminate but now they seem to be applying that to an individual?

Ie. I the patient am being told I have no choice in who gives me care, even though I have told them I do not want ABC.

So the only recourse I as a patitent see is taking my biz elsewhere and going to a "home" that will follow my orders for the services I am paying for. Yet if all the "homes" are the same (per this ruling) then I have no choice due to the ruling. That is the delima I see.

 

[christman]

If I'm a patient somewhere, it probably means that i need help that I can't provide my self nearly as well. In that instance, I couldn't give two ****s if a Unicorn and Skelator were working on me. I want fixed. If you really have a problem with someones skin color who is tending to you, take your broke ass somewhere less colorful. Good luck with that by the way as its 2010.

 

[Que]

Patient rights comes with a price and that price can be expensive. Anyone who is utilizing insurance -- in most cases -- has no guaranteed right to be treated by any specific caregiver based on race, color, gender, religion, etc. If the person is paying out-of-pocket (i,e,. Amex Black Card), they can choose to have whomever they want to serve them.

 

[Phil502]

Nursing homes are very expensive, most people end up on Medicaid during their stay if they live long enough at these places.

The Gender issue is more to allow women to choose women doctors so that they can feel more secure when undergoing an examination. Male doctors are very often accompanied by a female staff member during certain exams in order to make the patient feel comfortable and to keep the possibility of goofy patients claiming they were molested by the male doctor (it's uncommon to make claims of this sort against female doctors.)

If patients want to be treated by members of a certain race they should go to facilities that employ these people, otherwise forget it.

 

[Benny]

If I'm a patient somewhere, it probably means that i need help that I can't provide my self nearly as well. In that instance, I couldn't give two ****s if a Unicorn and Skelator were working on me. I want fixed. If you really have a problem with someones skin color who is tending to you, take your broke ass somewhere less colorful. Good luck with that by the way as its 2010.

You do NOT want Skeletor working on you IMO.

 

[NordicHeathenVinlander]

This is bad bad bad bad news... Patients choice should be respected and accepted.

I've seen the CNA field, and it is scary. Some of the stories I've heard of CNAs treating they're people is disgusting, unless you like verbal abuse, physical abuse etc..

Just another example of the "Freedom" America not respecting the wishes of the people in favor of some failed agenda.

I say let's just drive this nail into the coffin and start allowing criminals to "take care" of those who need help.

 

[Ogre]

This is bad bad bad bad news... Patients choice should be respected and accepted.

I've seen the CNA field, and it is scary. Some of the stories I've heard of CNAs treating they're people is disgusting, unless you like verbal abuse, physical abuse etc..

Just another example of the "Freedom" America not respecting the wishes of the people in favor of some failed agenda.

I say let's just drive this nail into the coffin and start allowing criminals to "take care" of those who need help.

If I get the jist of this ruling, you still can ask for a different caregiver, just not based soley on race... all your points above have to do with poor service, I would say that getting a different caregiver would be a non issue.

 

[hornadylnl]

all your points above have to do with poor service,

No, he just believes that certain people are predisposed to it.

This reminds me of an episode of Mash where a wounded soldier told Alan Alda that he didn't want any (opposite of lightie) blood. They gave it to him anyway. Myself, I probably would have let the soldier die.

 

[NordicHeathenVinlander]

If I get the jist of this ruling, you still can ask for a different caregiver, just not based soley on race... all your points above have to do with poor service, I would say that getting a different caregiver would be a non issue.

Would if certain caregivers had sterotypical treatment they give, some being poor, other's being by the rules and regulations?


My wife has worked in the field, and the stories I've heard, that she has witnessed is enough for me atleast to see the Patient has rights, and THEY MUST BE respected and honored.

 

[Bigum1969]

Who cares what the doctor/caregiver/nurse looks like as long as they are good?

You'd have to be seriously ignorant to ask for a different caregiver based on race alone.

 

[antsi]

unless you like verbal abuse, physical abuse etc..

Does the ruling say that patients have to tolerate verbal and physical abuse from caregivers?

I don't see anywhere it says patients have to put up with objectively substandard care. Seems to me they are saying that you don't have the right to decline quality, appropriate care based soley on the caregiver's race.

 

[NordicHeathenVinlander]

Does the ruling say that patients have to tolerate verbal and physical abuse from caregivers?

I don't see anywhere it says patients have to put up with objectively substandard care. Seems to me they are saying that you don't have the right to decline quality, appropriate care based soley on the caregiver's race.

Do you have any experience in the field? Have you researched it?

While it may not be PC for a patient to request, I dont see how a court has the right to rule against the wishes.

Does this violate personal freedoms? Or are we going to tip toe and suggest that because the patient is on ******* they no longer have rights, and deserve to die a rotten death for having the gall to say something?

I think we can either live in our little fantsey lands, or grow up, and see the world isnt quite so PC. As far as WHY the Patient requested, again, I dont see the issue not being in they're favor.

CA: CNA terminated for `slapping' patient: court rejects employee's charge of discrimination. (Hospital Law Decisions of Note). | Legal > Legal Services from AllBusiness.com
Nursing Home Abuse: CNA punches, slaps nursing home patient in face | Beasley Allen
Nurses Aide Admits Slapping Patient
ScienceDirect - Social Science & Medicine : Why do nurses abuse patients? Reflections from South African obstetric services
http://www.ltccc.org/enforcements/documents/Enforcements_spring0110_web.pdf
http://www.newsherald.com/articles/county-78626-elderly-snell.html
ScienceDirect - International Journal of Nursing Studies : Cross-cultural variations in the definition of child abuse: nurses in the United States and the United Kingdom
January 2009 :: Nursing Home Abuse Lawyer Blog

 

[hornadylnl]

Does the medical facility have a right to refuse care to a patient? If they could tell an ignorant biggot that refuses care from a minority to find care elsewhere, I'd have no problem with it.

 

[Bigum1969]

Does the medical facility have a right to refuse care to a patient? If they could tell an ignorant biggot that refuses care from a minority to find care elsewhere, I'd have no problem with it.

 

[Fletch]

I support the right to discriminate. If you don't want 6 foot tall Chinese redheads doing the work, you shouldn't have to hire them. We don't need a bunch of laws or judges to do the work of punishing your choices when the free market will do that just fine.

ETA: Of course, in areas where we do not presently have a free market (eg, health care), we should probably address that before going whole-hog on the right to discriminate.

 

[Benny]

Do you have any experience in the field? Have you researched it?

While it may not be PC for a patient to request, I dont see how a court has the right to rule against the wishes.

Does this violate personal freedoms? Or are we going to tip toe and suggest that because the patient is on ******* they no longer have rights, and deserve to die a rotten death for having the gall to say something?

I think we can either live in our little fantsey lands, or grow up, and see the world isnt quite so PC. As far as WHY the Patient requested, again, I dont see the issue not being in they're favor.

CA: CNA terminated for `slapping' patient: court rejects employee's charge of discrimination. (Hospital Law Decisions of Note). | Legal > Legal Services from AllBusiness.com
Nursing Home Abuse: CNA punches, slaps nursing home patient in face | Beasley Allen
Nurses Aide Admits Slapping Patient
ScienceDirect - Social Science & Medicine : Why do nurses abuse patients? Reflections from South African obstetric services
http://www.ltccc.org/enforcements/documents/Enforcements_spring0110_web.pdf
http://www.newsherald.com/articles/county-78626-elderly-snell.html
ScienceDirect - International Journal of Nursing Studies : Cross-cultural variations in the definition of child abuse: nurses in the United States and the United Kingdom
January 2009 :: Nursing Home Abuse Lawyer Blog

You can link news articles until the cows come home, but what do these individual cases(in all cases the person was fired and/or jailed) have to do with a person refusing quality service? I think we can all agree that those in question(in your links) are definitely not fit to be taking care of anyone, but obviously the victims aren't getting medical help from them anymore.

Basically what I'm saying is I'm having trouble seeing your correlation between those isolated instances and you calling foul on the gov't for telling a patient that they can't refuse quality service?

 

[RichardR]

While it may not be PC for a patient to request, I dont see how a court has the right to rule against the wishes.

I agree.

I think the courts over-stepped their authority in this case, IMHO patients have the right to refuse treatment from anyone for any reason, even if it hurts that care-givers feelings.