November 22, 2009
What's Inside:
Heartland, former nurse set trial date over discrimination claims
Heartland Regional Medical Center denies the claims of racial discrimination by former nurse Kimberly Barron and agreed to a trial date on Wednesday in Buchanan County circuit court.
Ms. Barron, who started as a staff nurse at Heartland in 1999 and became the hospital’s patient advocate in 2006, alleges witnessing racial discrimination against black and Hispanic patients and employees. Ms. Barron, 36, also heard staff members use racial slurs in reference to employees and patients, according to the lawsuit.
Two weeks ago, a source familiar with the negotiations told the News-Press the two sides were close to a settlement, but on Wednesday, Judge Pat Robb set the trial for July 13, 2010. Ms. Barron’s attorney, Tom Ralston, and Heartland’s attorney, Carol Barnett, both declined to comment afterward.
According to court documents, Heartland denied Ms. Barron’s registered complaints of racial discrimination.
“Had the Plaintiff made known any concerns or complaints about race or national origin discrimination related to patients of staff, Defendants would have performed a prompt, remedial investigation,” Heartland’s answer to Ms. Barron’s petition for damages reads, “but Defendants were not given that opportunity, having never received such concerns or complaints from the Plaintiff.”
Heartland also claims its actions taken toward Ms. Barron, who stepped down as the patient’s advocate and then claimed she was suspended for filing a grievance with the hospital’s human resources department, were lawful, nondiscriminatory and unrelated to any complaints Ms. Barron lodged.
R.J. Cooper can be reached
at rjcooper@npgco.com
This story has 11 comments. Click here to join in on the discussion.
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Noooooooo comment! I'm an ex-employee of Wire Rope and Altec.
Of course the hospital would deny any wrong-doing.
here we go again!!
It is so easy to cry discrimination, but much more difficult to prove with proof.
Keep a jorunal of the instances, listing dates and description of event(s), REPORT it to someone, if it is only your minister or priest, or even the hospitals social worker.
"Genuine" cases should be taken seriously; BUT it has to be brought to someones attention before it can be stopped.
As a nurse she knows...if it's not documented, it didn't happen.
I would not think this suit could have gotten this far if it was not documented.And if this has happened Heartland should pay.And it will be another black eye for Heartland as if they do not have enough.
mm1967, you hit it on the head, One wouldnt think a case could get this far without documented proof, but here in good ole America, you can now sue anyone you want for any reason, and it falls upon the person or company that is being sued to prove they are innocent or that the charges are unjust.
Most of the time the companies have realized that it is in their best financial interests to just offer a settlement,and pay the claimant to go away, than to pay thousands in legal fees to avoid the lawsuit. The only ones who get rich in these cases are the attorney, who keep a big chunk of any settlement that is awarded, and the sttorney who defends the comapny or individual being sued.
I know some may consider this discriminatory, but, if I were in human resources, I certianly would not want to hire someone who has a proven track record of suing their former employer, and making allegations against so many former co-workers.
blazer6465, I pray for you and your family that you never have to seek care in a place where this type of practice occurs because discrimination comes in all forms including discrimination against individuals who can't afford insurance and discrimination against someone because they look differently...who knows, maybe you and your family don't fit the profile of someone who "appears" to be worthy of receiving adequate care...if people allow discrimination to occur in healthcare then it will only get worse and before you know it you may be on the receiving end of crappy care because you did not fit the profile of someone who "deserves" to be treated compassionately. I thank god that there are some nurses who will actually take a stand and say "NO, this is not right, this person deserves to be treated regardless of who they are." It's too bad that the few nurses that still have the courage to stand up and take a stand are treated as an outcast...and heck, you, yourself, would treat the nurse as an outcast given you were placed in a human resources position...very shallow if you ask me.
mm1967,
Lawsuits can actually go very far with little or no evidence at all. The evidence is presented at the trial, so a good he said/ she said is often all it takes to get things rolling (and expensive). Even getting the trial tossed out on preliminary motions often cost more than just settling. I know nothing about this case or the individual filing suit, but many in this town have turned filing discrimination claims into a part time job.
When does it stop.
We seem to have a never ending stream of "discrimination".
Has anyone notice it's always a black person who has been treated unfairly. The law of averages would suggest that can't be right. It couldn't be 100%.
I'm fed up. I don't think any of those cases are valid. There are a never ending parade of "minority" persons who must have their way or they cry foul.
The rest of us encounter disappointments all the time and have no so called remedy. It's time for this to end.
I hope Heartland stuffs it down her throat.
she is a white, hardworking, 3 degree holding individual so shove it down your own throat ibc.
Apparently lbc and others did not read the previous article September 17 this year. Ms Barron filed numerous complaints: no action from the hospital. She relinquished her advocacy position and went back to nursing; she was sent for orientation--usually the target or victim gets punishment not the perpetrators. She was suspended and filed her grievance with the Missouri Commission on Human Rights and then filed the lawsuit for recovery of her loses--the job from which she was suspended for doing what she was assigned to do--but what some administrators at the hospital did not support.
These are common occurrences in St. Joseph's public institutions and sometimes in its businesses. Minorities have experienced discrimination and bullying a lot; but so have people in no particular minority--sensitive people who care about doing a good job, doing what is right, or who care about others.
There has been a bill in the state legislature for several years that will begin to correct the problem.