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Sunday, February 24, 2013
'Open secret': Patients who refuse treatment based on race
DETROIT (AP) ? It's been called one of medicine's "open secrets" ? allowing patients to refuse treatment by a doctor or nurse of another race.
In the latest example, a white man with a swastika tattoo insisted that black nurses not be allowed to touch his newborn. Now two black nurses are suing the hospital, claiming it bowed to his illegal demands.
The Michigan cases are among several lawsuits filed in recent years that highlight this seldom-discussed issue, which quietly persists almost 60 years after the start of the civil rights movement.
The American Medical Association's ethics code bars doctors from refusing to treat people based on race, gender and other criteria, but there are no specific policies for handling race-based requests from patients.
"In general, I don't think honoring prejudicial preferences ... is morally justifiable" for a health care organization, said Dr. Susan Goold, a University of Michigan professor of internal medicine and public health. "That said, you can't cure bigotry ... There may be times when grudgingly acceding to a patient's strongly held preferences is morally OK."
Those times could include patients who have been so traumatized ? by rape or combat, for instance ? that accommodating their request would be preferable to forcing on them a caregiver whose mere presence might aggravate the situation, she said.
Tonya Battle, a veteran nurse at Flint's Hurley Medical Center, filed the first complaint against the hospital and a nursing manager, claiming a note posted on an assignment clipboard read, "No African-American nurse to take care of baby." She says the note was later removed but black nurses weren't assigned to care for the baby for about a month because of their race.
That case is now a federal lawsuit. In a statement earlier this week, Hurley President Melany Gavulic denied Battle's claim, saying the father was told that his request could not be granted. Gavulic said the swastika tattoo "created anger and outrage in our staff," and supervisors raised safety concerns.
Hospital officials said they planned to make a statement about the matter Friday evening but offered no details.
Multiple email and phone messages left for Battle through her attorney were unreturned, and a listed number for her had been disconnected. She told the Detroit Free Press she "didn't even know how to react" when she learned of her employer's actions following her interaction with the father.
She said she introduced herself to the man and he said, "I need to see your supervisor." That supervisor, Battle said, told her that the father, who was white, didn't want African-Americans to care for his child and had rolled up his sleeve to expose the swastika.
"I just was really dumbfounded," Battle said. "I couldn't believe that's why he was so angry (and) that's why he was requesting my (supervisory) nurse."
Attorney Tom Pabst, who is representing nurse Carlotta Armstrong in a second lawsuit, said the hospital's actions left nurses in the neonatal intensive care unit "in a ball of confusion."
"She said, 'You know what really bothered me? I didn't know what to do if the baby was choking or dying. Am I going to get fired if I go over there?'" Pabst said.
The Michigan cases follow a 2010 decision by the 7th U.S. Circuit Court of Appeals, which held that the federal Civil Rights Act prohibits nursing homes from making staffing decisions for nursing assistants based on residents' racial preferences. The ruling stemmed from a lawsuit filed by a black nursing assistant who sued her employer for racial discrimination.
In another federal lawsuit filed in 2005, three black employees of Abington Memorial Hospital near Philadelphia claimed they were prevented from treating a pregnant white woman by her male partner, who was a member of a white supremacist group. The man used a racial slur when forbidding any care by any African-Americans.
The complaint alleged that supervisors honored the man's request. The case was settled confidentially before going to trial, and the hospital admitted no liability. Frank Finch III, the attorney for the employees, said hospital officials also cited employee safety in their defense.
"That defense doesn't fly under the anti-discrimination law," Finch said. "Hospitals cannot use that as a defense in nonemergency situations."
He said every hospital has a policy against discrimination and "undoubtedly acquiescing to such a demand is a violation of a written, internal policy in addition to being a violation of the law."
Fordham University law professor Kimani Paul-Emile said she suspects nurses file more discrimination suits than doctors.
"With nurses and other sorts of staff, the hospital is telling them they can or cannot do something," she said. "That might go to why you might see more lawsuits brought by nurses."
She wrote an article last year in the UCLA Law Review titled "Patients' Racial Preferences and the Medical Culture of Accommodation." It was the source of the "open secrets" phrase.
Paul-Emile's research cited a 2007 study at the University of Michigan Health System and others on how physicians respond to patients' requests to be assigned providers of the same gender, race or religion.
The survey of emergency physicians found patients often make such requests, and they are routinely accommodated. A third of doctors who responded said they felt patients perceive better care from providers of shared demographics, with racial matches considered more important than gender or religion.
"The notion of white patients rejecting minority physicians for bigoted reasons in emergency departments and other hospital settings is deeply troubling and uncomfortably reminiscent of the type of discrimination that the civil rights statutes were designed to eliminate," Paul-Emile wrote in her article.
Another study she cited found that patient requests for care by a physician are most often accommodated when made by racial minority patients.
Lance Gable, a law professor at Wayne State University in Detroit, said he believes such requests "are made more often than we'd like to think about" even if they aren't frequently agreed to by hospital management. He suspects a supervisor might honor them but not say anything explicit to employees and only in rare instances would signs be posted as alleged in the Flint case.
"Maybe their explanation is an accurate description of what happened ? the supervisor was scared of the father of this patient and made a decision that was ill-advised," Gable said. "It might have been the right thing to do for the safety of the staff, and it still might be a violation of anti-discrimination laws."
Source: http://news.yahoo.com/patients-wont-see-nurses-different-race-203058110.html
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Saturday, February 23, 2013
China Gets Tougher on IPOs
Article Excerpt
BY SHEN HONG
SHANGHAI?In the five years since it joined a long queue of companies applying for government approval to list on the Shenzhen Stock Exchange, Zunyi Titanium Co.'s fortunes have plummeted.
The state-owned company in China's southwestern Guizhou province reported a financial loss for the first nine months of last year, blaming it on fierce competition, and disclosed it has been booted out of its factories by the local government.
In late December, Zunyi announced it was giving up its attempt to list on the smaller of China's two stock exchanges, without elaborating.
It isn't alone. The China Securities Regulatory Commission said ...
Continue reading article with pop up playerSource: http://online.wsj.com/article/SB10001424127887323864304578318101227205828.html?mod=rss_about_china
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Friday, February 22, 2013
Seven things to love about the Washington School House Hotel in Park City, Utah
The Washington School House Hotel in Park City, Utah, is the closet thing to a perfect hotel that you are likely to find. It is easy to see why gay folk are fond of the property. It very much has a resort feel, complete with a heated pool, patio and spa out back.
The hotel also offers the best of both worlds. You are just steps from the heart of downtown but yet you are on a hill above the street so you won't be bothered by overly enthusiastic celebrants during big events.
With a total of 12, rooms, this boutique hotel has room sizes that range from a standard sized room to a spacious two-bedroom suite.
A word of caution, if you want a room during the busy winter ski season, be sure to book well in advance. Those 12 rooms fill fast. Also, as with all hotels in Park City, expect to pay more during the busy times. If you want a deal, check out the so-called shoulder seasons in the spring and fall, before and after ski season. The summers are sometimes busy with tourists from Salt Lake City and beyond.
The hotel's attention to detail would satisfy even the most finicky among us. The property is impeccably maintained and the staff is very friendly and efficient.
Park City is incredibly easy to navigate and you don't need a car. Free buses go to the surrounding ski resorts and the hotel provides a free car service to take you where every you want to go in the surrounding area.
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Yahoo! JAPAN and BrightTag Expand Their Strategic Partnership
BrightTag was recently selected to be the Universal Tag Platform for Yahoo! JAPAN powering the delivery of Yahoo! JAPAN?s full suite of remarketing and media services. Through the expanded partnership, Yahoo! JAPAN?s dominant market position, along with BrightTag?s patent-pending Server-Direct technology, will create a new standard for data collection and distribution across the entire Japan online media market, which is projected by eMarketer.com/comScoreDataMine.com to grow to $8.91 billion (?835 billion) this year making Japan the second largest online media market in the world behind the US and ahead of the UK, Germany, and China.
?Managing tag code and the data associated with tags has become dramatically more complex for ourselves and our clients in recent years,? said Masatsugu Shidachi, Corporate Officer, Head of Marketing Solutions Company, Yahoo! JAPAN. ??BrightTag?s versatile technology solves a wide range of integration challenges for both Yahoo! JAPAN and our clients, helping to position us for faster growth and more rapid innovation.?
Shidachi continued, ?The BrightTag ONE platform is more than just a tag management system. It leverages data instantly and effectively through the cloud and provides all parties with a unified data integration layer making the linkage easy and seamless between website owners, publishers, and the growing number of digital marketing services available in the Japan market.?
Yahoo! JAPAN will offer their new Tag Manager, powered by BrightTag, to its direct, agency and medium-sized business clients. The platform will be fully supported in the Japan market with integration, support and advanced implementation and consulting services provided by a growing network of certified professional service partners.
?The market validation we are seeing further strengthens our presence in Japan, which reinforces our leadership position globally,? said Marc Kiven, Founder and Chief Revenue Officer at BrightTag. ?We are honored to be working with Yahoo! JAPAN because they have recognized how to quickly jump past the pitfalls of the U.S. tag management market by taking a visionary approach to connecting data through a new standard, BrightTag?s Server-Direct technology.?
*Source: Nielsen audience measurement of home and workplace PC-based Internet usage.
About BrightTag
BrightTag is building a new technical foundation for the next generation of online marketing. The company?s tag management solution (TMS) helps marketers and web analysts make online data instantly useful in any web or mobile application while solving fundamental privacy, data quality and site performance challenges. The BrightTag ONE? platform eliminates barriers to innovation by optimizing and, many cases, replacing traditional ?tag-centric? methods of connecting sites to marketing services with real-time, direct integration through the cloud. BrightTag?s tag management solution is used by many of the world?s largest multinational brands. For more information, visit www.brighttag.com.
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Tags: brighttag, BrightTag ONE, comScoreDataMine.com, digital marketing platform, eMarketer.com, marc kiven, Masatsugu Shidachi, media services, Nielsen, remarketing, Server-Direct, tag management, Universal Tag Platform, Yahoo and yahoo-japanSource: http://www.adotas.com/2013/02/yahoo-japan-and-brighttag-expand-their-strategic-partnership/
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The insane pricing of the new HTC One
HTC OneHTC?s (2498) new One will be priced higher than the 16GB iPhone 5 in the United Kingdom. That is what makes the HTC One pricing strategy nutty. Vodafone is offering a 24-month plan for the HTC One with 600 minutes and 600 MB for ?33 per month. You can get?the same exact plan for the iPhone 5? except you have to pay ?100 upfront sum for the One while the iPhone 5 comes free with the plan. Orange is offering a 24-month HTC One deal with unlimited voice and 1GB of data for ?36 ? the same as the 16 GB iPhone 5. Except that again, you have to pay ?100 for the HTC?s new flagship phone and you get the iPhone 5 for free.
[More from BGR: Google unveils $1,300 touch-enabled Chromebook Pixel [video]]
This is madness.
[More from BGR: Apple?s full-size iPad isn?t dead yet: Completely redesigned iPad due in Q3]
Yes, you get more internal memory with the HTC One. No, that is not enough to justify the price premium. HTC should be cutting deals with European operators to push the package pricing of the One at least to the same level of iPhone 5 and Galaxy S III, if not slightly below them. It is not realistic to expect consumers to pay a stiff ?100 upfront fee in these markets for a device from a fading vendor in March, just few months before the new Galaxy S IV and iPhone launches take place.
It is understandable that a company with operating margins slipping toward 1% wants to get a profit boost from a new phone. But there is a reason HTC?s sales are plummeting 50% year-on-year: the phones are not connecting with consumers. This is not a brand that possesses the power to demand a premium.
HTC clearly believes that the new video and audio features on the HTC One will compel consumers to fork over extra cash for the model. But there is very little in the recent past in the smartphone market to suggest this approach actually works. Relaying a marketing message focused on superior video recording and audio performance is not easy; these two issues just don?t seem to resonate with most consumers right now. Just look at how much good focusing on audio did for Sony.
It?s amazing to see HTC continuing its premium price strategy considering just how hard its high-priced phones flopped last summer. In fact, they led to the surreal situation where HTC?s revenue declined on an annual basis even a month after major new models debuted in Europe.
LG tried for years to price its flagship phones on par with Apple (AAPL) and Samsung (005930). That led to annihilation. Why bash your head against this same wall, HTC?
This article was originally published on BGR.com
Source: http://news.yahoo.com/insane-pricing-htc-one-200022769.html
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Colin's Column | Does the Format of International Talent ...
LONDON, United Kingdom ? To get one great fashion diva to London Fashion Week would be impressive. To get two would be unlikely. Three: unheard of. But four? You are surely joking!
Well, that was the number of genuine fashion icons who were guests of the Woolmark Company last Saturday to judge the final stage of the International Woolmark Prize for new design talents using wool for their collections. Coming from Australia, China, Europe, India, Japan and the US, the young hopefuls had beaten off the competition in their area during a worldwide search which lasted for 12 months, involved 16 countries and over 70 designers as part of an initiative to re-establish Merino wool as a major fashion fabric. The competition is not new, of course. It became famous in the 1950s, when both Yves Saint Laurent and Karl Lagerfeld won prizes in the same year.
The finalists are chosen ? against stiff local competition ? by regional panels and the winners are invited to a major international fashion week for the final decision. The winner was Christian Wijnants from Belgium for his strongly directional shapes not seen in knitwear before and his strong tie dye techniques, another wool first.
Oh! And those divas? Well, how does this line up grab you? Diane von Furstenberg, Donatella Versace, Franca Sozzani and Victoria Beckham (wearing the most gob-smackingly large diamond ring that was noticed and discussed by everybody in the room).
But the competition, of which I am a brand ambassador, raises a question that interests me greatly, having run Fashion Fringe, an international search for new talent, for the last 9 years.
This question is this: just how level a playing field can the increasing numbers of international talent competitions around the world actually offer the people who put themselves up for judgment?
My job at the International Woolmark Competition, which I shared with Malcolm Carfrae of Calvin Klein, was to coach the finalists before the event began and I realised that despite all that the Woolmark Company had done to make it a fair and honest competition, the fact remained that a non-English speaker would find him or herself at a terrible disadvantage.
It seems to me that we in the West who organise these events with the highest intentions and are ready to honour different cultures inherent in the concept of an international event are getting it wrong by making conversation with the judges a crucial element of the decision-making process. I have thought uneasily about this problem for many years and I am now convinced that the only fair way in which to run an international search for new designers is to remove the huge advantage given to anyone from an English-speaking culture.
Let me be clear. If not a word had been exchanged before the final announcement of the International Woolmark Competition winner, Christian Wijnants would have been that winner in any case. Of that, I am certain. His collection used wool in the strongest, most accessible and personal way.
But it must be added that he was also one of only two competitors who spoke English fluently enough to fully communicate his aesthetic in their own words (without translators) to the judges. The confidence and self-esteem that we all look for in these competitions starts with that.
Source: http://www.businessoffashion.com/2013/02/colins-column-international-woolmark-prize.html
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