By

Michelle Castillo /

CBS News/ February 19, 2013, 3:45 PM

Detroit nurse claims hospital barred African American staff from caring for white child

An African American nurse is suing Hurley Medical Center for allegedly not allowing her to care for a white baby.

Tonya Battle, who worked for Hurley Medical Center for almost 25 years, said a baby was placed in her hospital's neonatal intensive care unit on Oct. 31, 2012.

"I introduced myself to (the father). 'Hi, I'm Tonya and I'm taking care of your baby. Can I see your (identification) band?' " Battle explained to the Detroit Free Press. "And he said in return, 'And I need to see your supervisor.' "

A charge nurse later told Battle that the child's father allegedly rolled up his shirt revealing a swastika tattoo, the Detroit Free Press said. He then requested that no African American nurses care for his child. The nurse then passed the message to their supervisor.

"I felt like I froze," Battle said. "I just was really dumbfounded. I couldn't believe that's why he was so angry (and) that's why he was requesting my charge nurse. I think my mouth hit the floor. It was really disbelief."

Battle was taken off the infant's case, and a note saying "No African American nurse to take care of baby" was written on the baby's chart, according to Michigan Live. Battle claims the decision was made official by the hospital on Nov. 1, 2012. She added that despite the fact that a hospital attorney said the request couldn't be granted, the hospital enforced the rule for about one month.

A University of Michigan 2007 survey revealed that one in three doctors believed that patients thought they got better care if their doctor matched their race, the Detroit Free Press reported. It also showed that people's requests for specific doctors usually were granted if the request came from a woman, a non-white person or a Muslim.

Lance Gable, an associate professor of health law at the Wayne State University Law School, added to the paper that patients have the right to select their doctor. For example, if a woman wanted a female gynecologist, most facilities would oblige. However, requesting a different race becomes a matter of discrimination. He believed that the father had a choice as to which hospital treated his child but not to which employees took care of the kid.

"The bottom line is that the law is not clear about this, although I suspect the nurse will have a pretty strong case," Gable said.

Protesters gathered outside Hurley Medical Center on Feb. 19 to protest the hospital's alleged actions.

"Certainly we are here today in the case of where there was a nurse who was told she was not capable, and all the black nurses in the area told they should not service a white baby," Rev. Charles E. Williams II, president of National Action Network said according to Michigan Live. "This is an atrocity and a reversal of times."

Hurley CEO Melany Gavulic denied that the hospital had ever instructed that African American nurses should not care for one of their patients. She confirmed that the request was made, but said the hospital did not grant it.

"We (Hurley) value the support of the patients who entrust us with their care and the dedication of our physicians and staff," she said. "This includes nurse Battle and her quarter century of professionalism and dedication."

© 2013 CBS Interactive Inc. All Rights Reserved.
10 Comments Add a Comment
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HUG-THE-SUN says:
Did the nurse want them to throw the patient and baby out?

Did the nurse want the hospital to force the customers to accept care from someone they are biased against?

How do you avert a possible hostile situation?

Can you choose your own doctor? Can you choose your own nurse?

Do you as a paying customer have to justify why you want care and by who?
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rwdgs says:
seems to me *something* happened that crossed the line for Ms. Battle. i worked with my share of NICU nurses as a med student, an intern, and as an MD, and i've been universally impressed by their dedication, their heart, their professionalism. Ms. Battle has been doing this for a long time. if the hospital did grant this ass's unreasonable request, then shame on them.
once, a long time ago, this heavily swastika-d patient said he did not want (derogatory word for african american) blood bc he didn't want to "wake up black". this was a non-emergency surgery with low risk for blood loss, but i told him our blood was not screened by race, his request was not medically pertinent, i found it offensive, and i would not agree to it, and he was free to find himself another dr if he so chose.
people like this so-called dad are bullies. they need to have their butts spanked, and not have administration give in to them.
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Newsreadergirl says:
Going through something like this when you are a decent citizen and work hard every day hurts so bad. From similar experiences, it takes you way down and makes you feel like an animal. It hurts so much, and you only have so many cheeks to turn. Employers have great lawyers who will end up getting them off. The nurse will be left with a tough decision of sticking up for herself and leaving what she has done for 25 years, or staying. If she stays, she'll keep her same job, but I bet every day, she'll think of how they did her wrong. Racism and emotional abuse hurts a lot longer than physical abuse.
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erasmus111 says:
"This is an atrocity and a reversal of times."


Get used to it. America is going backwards, not forwards.
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ConcernedInFlint says:
First, the hospital is in Flint, not Detroit. Second, what the father did was inexcusable and the nurse has a right to be upset, but why didnt she consider that she was reassigned for her own safety. Obviously this **** of a man would have been intentionally cruel to her. Third, it is possible that the note was quoted out of context. It's disgusting that this happened and that people like this man exist, but it's a bigger shame that someone that worked for Hurley for 25 years would want to take them down for a misunderstanding.
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Newsreadergirl replies:
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So she should just take it and deal with the emotional stress? The hospital goes about her business while she suffers at home and has to take counseling or something else to get over being treated like a 2nd class citizen?
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micadillac says:
Since this was not a emergency, the hospital should of asked where they (wife and child) wanted to be treated and got them out of the hospital. Period!!! They were allowing and agreeing to a racist act.
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AttyFAM replies:
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Right on!
Meezermom1951 replies:
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Micadillac, that is the absolutely best idea yet! If the father of that poor baby was that much of an ass, then he didn't have to stay. As for me and I bet most women, we want the very best nurse and really don't care what color he or she is. It isn't what is on the outside but the inside that really matters.