Archive for Legal

Court: Patients Cannot Reject Care Because of Race

The 7th U.S. Circuit Court of Appeals has ruled in favor of black Certified Nursing Assistant Brenda Chaney, who sued the nursing home where she was working for allowing patients to reject care from her and other non-white caregivers, reports The Associated Press.  The ruling signifies a change in how nursing homes must balance patient preferences with the civil rights of their employees.

The Court decided that patients have the right to choose which employees care for them, as long as those decisions are not based on the caregiver’s race.  Chaney reported that she had been issued an assignment sheet at the Plainfield, Ind. nursing home that noted that one patient preferred “no black CNAs.”

News One reports that Chaney was driven to file the suit after she found a white patient, who had specifically filed orders for no black caregivers, lying on the floor and unable to lift herself up.  Instead of helping the woman back up, she had to search for a white aide to assist instead.  The nursing home had contended that it was legally bound to honor the patient’s wishes.