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Nurse refuses student inhaler during asthma attack

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  • #16
    Originally posted by Kelmon View Post
    Is it a normal thing for a school in the US to have any say over student's prescription medication? This alone seems wrong on so many levels.
    Because of the ongoing war on drugs and, let's face it, our very litigious society, most schools nowadays require a parent's signature and doctor's prescription. Due to zero-tolerance policies, that mean kids can get detention or suspended because they took an "unapproved" aspirin. Silly, I know, but it's all to cover the school's ass and is supposedly in the best interest of the child.

    I'm actually surprised the mother is only suing the nurse at this point. Give it time, I'm sure she'll be suing the school as well. While the nurse bears most of the blame, she's nevertheless a representative of the school. Not to mention, wasn't anyone else involved in this student's medical emergency? I guarantee someone else knew about it, which means both the nurse and school failed to call 911.

    And BTW, if the mother was called and on her way, why didn't they take her verbal approval to give the boy an inhaler? Or is that "policy" too, meaning they have to have it in writing?

    Dumbasses. All of them.

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    • #17
      Ah, the war on drugs - of course. Say no more.

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      • #18
        Well, actually, it doesn't really have much of anything to do with the war on drugs. It has more to do with the faculty doesn't necessarily know what medications a student can or can't take. Think about it - if a school gives "just one unapproved aspirin", and the kid turns out to be allergic to an ingredient in that aspirin, and suffers some serious consequences, that's on the school's head. That's why they want full parental permission before doing anything at all medically with the student. An aspirin or something might seem harmless enough...until one kid has a bad reaction to it. Then it's both a lawsuit and a guilt trip.

        So, while it's easy to be cynical, actually, yes, I'd say this infrastructure is in place to protect the student as well as the school.

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        • #19
          Why the hell did the nurse lock the door when the teen started to pass out? She was afraid he'd try to save his own life and take his inhaler from her? (Which he probably would have done, considering he thought he was dying.)

          What I don't understand is this: If the problem was that they didn't have a signature on his medical release form, couldn't the nurse have put the mother on speakerphone, called in a few witnesses, and asked the mother, "Are you saying I have your express permission to give Michael his inhaler?" The mother would of course say, "Yes" and then the nurse would have had witnesses to that verbal agreement. I don't think any court system or licensing agency would have a problem with that since it would have saved the boy's life (or at least staved off the worst part of the attack so he could get to a hospital).

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          • #20
            Originally posted by bainsidhe View Post
            I'm actually surprised the mother is only suing the nurse at this point. Give it time, I'm sure she'll be suing the school as well. While the nurse bears most of the blame, she's nevertheless a representative of the school. Not to mention, wasn't anyone else involved in this student's medical emergency? I guarantee someone else knew about it, which means both the nurse and school failed to call 911.
            I'd wager that her attorney pointed out that the nurse took enough actions that were outside of her official duties and responsibilities (such as not calling 911, and locking the kid out) that the school can successfully declare that she was not actually acting on behalf of the school. That would give them qualified immunity, if it were determined. So, rather than cost her a great deal of money on a lawsuit that she's likely to lose, they're going after the more certain lawsuit.

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            • #21
              My question did she lock the door so that no one else would know the kid was in trouble?

              "Ooo this paperwork isn't signed legally we could get sued if anyone gives him his potentially life saving medicine better lock the door and stand around whistling so no one tries to rush to his rescue and causes us a lawsuit"
              Jack Faire
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              • #22
                Originally posted by jackfaire View Post
                My question did she lock the door so that no one else would know the kid was in trouble?

                "Ooo this paperwork isn't signed legally we could get sued if anyone gives him his potentially life saving medicine better lock the door and stand around whistling so no one tries to rush to his rescue and causes us a lawsuit"
                I'm sad to say that sounds like what might have happened.

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                • #23
                  Originally posted by Nekojin View Post
                  I'd wager that her attorney pointed out that the nurse took enough actions that were outside of her official duties and responsibilities (such as not calling 911, and locking the kid out) that the school can successfully declare that she was not actually acting on behalf of the school. That would give them qualified immunity, if it were determined. So, rather than cost her a great deal of money on a lawsuit that she's likely to lose, they're going after the more certain lawsuit.
                  Except that the Dean also knew what was going on and did nothing.
                  I am a sexy shoeless god of war!
                  Minus the sexy and I'm wearing shoes.

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                  • #24
                    Has anyone realized that if the kid died, the nurse would be on the hook for depraved indifference murder?

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                    • #25
                      Originally posted by Nyoibo View Post
                      Except that the Dean also knew what was going on and did nothing.
                      That depends greatly on your definition of "what was going on."

                      If you're speaking about the fact that the kid's inhaler was taken away and the parent not notified of the lack of paperwork, then yes, he "knew."

                      If you're talking about the medical emergency taking place in the hallway, that was almost entirely between the kid and the nurse.

                      Thinking more about it, my suspicion is that this sounds like the first emergency situation this woman has ever faced and she panicked. The bit about what time she leaves and locking the door of the clinic sound like the sort of panic reactions someone completely unprepared and unfit for such a position might have.

                      ^-.-^
                      Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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                      • #26
                        Nursing student here.

                        What she did was irresponsible and in direct violation of the health code. How she got into nursing school in the first place is a mystery to me.
                        Granted, I've never had to deal with an emergency (the one time there was one around me, I was also injured, couldn't move), but I do know that I would be looking for the fastest and most reliable way to help them, not ignore them. This is just unacceptable. I hope she finds another place to work in, because she just lost the confidence and respect of every student that she works with, that heard about this incident.

                        As for the school, why is this even needed? Why do parents need to sign a medical waiver for their children to have and take medicine in school? Especially life saving medicine?

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                        • #27
                          Originally posted by kamn View Post
                          As for the school, why is this even needed? Why do parents need to sign a medical waiver for their children to have and take medicine in school? Especially life saving medicine?
                          Mostly due to zero tolerance (zero thought/zero responsibility) policies regarding drugs. If nobody gets to take any pills, then they don't have to worry about some hypothetical kid claiming to have ibuprofen when they actually have something else.

                          I can see some point in not allowing kids to self-medicate in situations where the medication wasn't provided to them by their own parents or guardians or doctors, but things have really gone too far in what is really another pointless skirmish in the abysmal failure that is the "war on drugs."

                          The liability angle is, honestly, non-existent when the school has a reasonable and rational drug policy in place. But so many schools are moving away from actually encouraging critical thinking to encouraging everybody to study for tests that do nothing more than just teach the kids how to answer a test that once they've graduated will have absolutely zero value to them as adults. And the kids that were taught in this manner are starting to take positions of authority and perpetuating horrible situations where inaction and dogged adherence to rules regardless of the circumstances are rewarded and decisive action and innovation are frowned upon.

                          ^-.-^
                          Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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                          • #28
                            Originally posted by Rageaholic View Post
                            But locking the door and refusing to call 9/11? That's not just stupid, that's pure evil.
                            Off Topic, but you need to fix that Rage. 911 and 9/11 are two different things.

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                            • #29
                              The zero tolerance on drugs isn't so much about "and really taking anything else" or "allergic reactions to medications" It really is about kids taking drugs.

                              In my high school kids were mixing Tylenol and Codeine to get high. Not "that's what the parents thought" but really that's what was happening. The zero tolerance is because kids are too smart in most cases to use illegal drugs and will share medications to make or take drugs like the kid who gets himself prescribed with ADD in order to sell his friends Aderall or Ritalin.

                              Need for a parentally signed form in the light of that makes sense but locking the kid away and pretending he doesn't exist while he lies possibly dying, Asthma attacks can kill people and the school nurse doesn't necessarily know how severe his Asthma is.

                              I think she should be brought up on criminal charges and if not attempted murder then honestly whatever is closest. She didn't just fail to pay attention to a kid in an emergency situation she actively locked him away so that even if he could pull it together in the middle of an Asthma attack to try and get help that he would be unable to do so.
                              Jack Faire
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                              • #30
                                Originally posted by jackfaire View Post
                                The zero tolerance on drugs isn't so much about "and really taking anything else" or "allergic reactions to medications" It really is about kids taking drugs.
                                Yes, but the rules don't stop the kids who take drugs from taking drugs; it just punishes those who follow the rules.

                                Honestly, it's another example of Hysterical Security Theater. They make a huge show about how they're "doing something" without actually addressing the underlying problem or actually having any substantial effect on the surface issues.

                                Originally posted by jackfaire View Post
                                She didn't just fail to pay attention to a kid in an emergency situation she actively locked him away so that even if he could pull it together in the middle of an Asthma attack to try and get help that he would be unable to do so.
                                She didn't lock him away. She locked him out of the clinic, locking herself away and leaving him unable to breathe in the hallway.

                                ^-.-^
                                Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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