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i don't believe anyone is arguing it wasn't his right to 'request' such service, however, it is the practice of this country (especially in public establishments) to say NO to his request and offer an alternative.
It was the fathers RIGHT to request this no matter how much people may disagree, it's HIS child.
hahahahaha, didn't read the 'complaint', did ya ?
Here's what happened in short form for those having trouble following:
Patient Rightsw
Consent, particularly informed consent, is the cornerstone of patients' rights. Consent is based on the inviolability of one's person. It means that doctors do not have the right to touch or treat a patient without that patient's approval because the patient is the one who must live with the consequences and deal with any dis-comfort caused by treatment. A doctor can be held liable for committing a Battery if the doctor touches the patient without first obtaining the patient's consent.
generally care provided in the NICU falls under the 'preventing serious harm or death' category. besides, i never said he didn't have the right to ask ... however, the hospital is not obligated to engage his particular request.
Consent is also inferred when an adult or child is found unconscious, or when an emergency otherwise necessitates immediate treatment to prevent serious harm or death.
apparently there was or it wouldn't have been 'settled'
there is no one to file a suit against
Originally posted by Honor93
hmm, drawing a bit much from that aren't ya ?
we aren't discussing dr/pt relationship but nurse/parent.
Originally posted by Honor93
and in the case of the NICU services, consent is inferred and had been since delivery.
Originally posted by Honor93
perhaps you should read your link further ...
generally care provided in the NICU falls under the 'preventing serious harm or death' category.
Consent is also inferred when an adult or child is found unconscious, or when an emergency otherwise necessitates immediate treatment to prevent serious harm or death.
Originally posted by Honor93
however, the hospital is not obligated to engage his particular request.
Originally posted by Honor93
this was blatant racism of which the hospital was not obligated to participate.
Originally posted by Honor93
also 'informed consent' is very specific and 'racial preferences' aren't included.
or perhaps i should ask how ethnicity is a 'material risk' to any patient ?
Originally posted by Honor93
the father should consider himself lucky he wasn't escorted out of the building and placed under a restraining order for 'threatening' the staff.
EEOC Filing a Charge
If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge.
Note: Federal employees and job applicants have similar protections, but a different complaint process.
If you file a charge, you may be asked to try to settle the dispute through mediation. Mediation is an informal and confidential way to resolve disputes with the help of a neutral mediator. If the case is not sent to mediation, or if mediation doesn't resolve the problem, the charge will be given to an investigator.
If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, we will attempt to reach a voluntary settlement with the employer. If we cannot reach a settlement, your case will be referred to our legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If we decide not to file a lawsuit, we will give you a Notice of Right to Sue.
not so surprisingly, a quick search doesn't produce any cases substantiating your claim in regard to medical staff.
The parents have power of attorney to decide who touches their children, and can charge anyone that does so without their consent with battery.