Ebola On The Rise!
Ebola has been a frightening topic coursing through our news system for the past few months. It began when a Liberian national visiting the United States was diagnosed with Ebola in Dallas. He passed away as a result of the disease and then two of his nurses were diagnosed with the disease in mid-October.
Then, a doctor who had recently returned from working with Doctors Without Borders in Guinea tested positive for Ebola in New York (1).
The two nurses have both recovered from Ebola and are doing well. The doctor was being treated at a New York City hospital, but CNN reported on November 11, 2014 that the physician is healthy and Ebola free.
Various legal issues have arisen as a result of the presence of Ebola in the United States.
A nurse from Texas Health Presbyterian Hospital came forward and raised her concerns as to how the hospital where she worked handled the patient with Ebola and the protective equipment for the nursing staff (2).
The Dallas nurse, Brianna Aguirre, stated she never received any Ebola response education until after the patient was admitted. Ms. Aguirre is represented by counsel; she and her attorney appeared on the Today show to share details as to how the hospital never discussed how to handle an Ebola case.
Her attorney and the firm are going to protect her rights and how her actions can help other hospitals nationally be better prepared.
In a step towards being more prepared, states across the country started implementing quarantines for medical staff returning from West Africa. Most notably, a nurse returning from Sierra Leone, Kaci Hickox, was quarantined in New Jersey in a tent after spiking a fever while leaving the airport. Ms. Hickox claims that her temperature was taken again and was normal.
She was adamantly against her confinement.
She was moved to her home in Maine and the state of Maine also enforced quarantine on Ms. Hickox. Michael Clark, chair of the American Bar Association’s Health Law Section and special counsel with the Duane Morris LLP law firm, stated that Maine has the right to impose a quarantine for an infected person who poses a threat to the state’s citizens.
Legal experts were divided over the quarantine (3).
Legally speaking, Ms. Hickox won her fight against the state of Maine regarding her quarantine. A judge in Maine gave the nurse the go ahead to go wherever she pleases (4). The judge ruled she must continue her daily monitoring and cooperate with health officials if she chooses to travel.
The governor of Maine voiced his disagreement with the judge’s decision, but said the state would abide by law.
Ebola has sparked contention and medical scares throughout the country. However, it appears the legal system is acting as the mediator between the medical scares, medical professionals, and the good of the American citizens.
References:
(1) http://www.cnn.com/2014/11/11/health/ebola-craig-spencer/index.html
(2) http://abcnews.go.com/Health/texas-nurse-hospital-ashamed-ebola-response/story?id=26255005
(3) http://www.usatoday.com/story/news/nation/2014/10/29/ebola-legal-issues-in-maine/18123443/
(4) http://www.washingtontimes.com/news/2014/oct/31/kaci-hickox-wins–judge-rejects-ebola-quarantine/
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