ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, January 8, 1997 TAG: 9701080062
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: NORFOLK
SOURCE: Associated Press
THE JUDGE RULED that Nancy Benson was suspended for "lack of judgment," not because of her religious views.
A federal judge has dismissed a religious discrimination lawsuit filed against Sentara Norfolk General Hospital by a nurse who opposes abortions.
U.S. District Judge John MacKenzie ruled Monday that nurse Nancy C. Benson was properly suspended in 1994 for ``complete lack of judgment'' in handling an abortion patient, not because of her religious views against the practice.
In a 15-page decision, MacKenzie wrote that Benson's actions ``were not becoming professional conduct for a nurse'' and created ``a customer service disaster'' for the hospital. He noted that Sentara later paid for the $4,500 abortion to placate the patient's family.
MacKenzie also ruled that Sentara has a policy of accommodating nurses who oppose abortions, letting them swap assignments with other nurses. He ruled that such a swap was available to Benson on the day of the abortion in question but that she did not take advantage of it.
Benson, 48, was a labor nurse at the hospital for 2 1/2 years. On Dec. 22, 1994, she was assigned to an abortion involving a patient who was 20 weeks pregnant with a deformed fetus.
According to the patient, she asked Benson about her abortion views, and the nurse then criticized her decision to have the procedure and told her she would never get over it.
The patient also said Benson cried and told her she had never helped with an abortion and would need help getting through it.
The patient's husband complained to hospital officials. A few days later, Benson quit, claiming she was forced out by intolerable work conditions.
Benson sued in March, seeking $1.1million. The case had been scheduled to go to trial next week.
``Obviously, Sentara is delighted with the opinion'' dismissing the case, said hospital attorney William Furr.
Benson's attorney, Ann Sullivan, said she will appeal MacKenzie's ruling.
The dismissal did not affect another case in Norfolk Circuit Court involving the same abortion. That lawsuit was filed last month by the patient against Benson and the hospital. It claims medical malpractice and seeks $1.35 million in damages.
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