Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Girl, 15, Sues School Nurse Over Pregnancy Test
NBC5i.com ^ | 6/17/05 | AP

Posted on 06/18/2005 8:28:22 PM PDT by wagglebee

AUSTIN, Texas -- A 15-year-old San Marcos girl and her father have filed a federal lawsuit against her school nurse, who allegedly forced the girl to take a pregnancy test.

The lawsuit claims that nurse Dyanna Eastwood called the girl to her office and told her that a student at another school claimed he impregnated her. Eastwood insisted the girl take the test, according to the lawsuit.

The girl said she did not have sex with the boy and denied that she was pregnant. The girl's lawyer also said she was not pregnant. The suit, which was filed Wednesday in U.S. District Court in Austin, claims the girl's privacy and constitutional rights were violated during the January event.

The lawsuit, which seeks unspecified damages, claims Eastwood violated the girl's Fourth Amendment right against unreasonable search and seizure.

"I remember the incident," Eastwood said. "Is that how it went down? No, of course not."

She declined to comment further, saying she wanted to seek legal advice.

The lawsuit also names the San Marcos Consolidated Independent School District as a defendant. The district's general counsel, Juan Cruz, declined to comment, saying officials have not been served with the lawsuit.

"This whole thing is intrinsically wrong," said John Hindera, the family's Austin lawyer. "She's a 15-year-old girl that's suddenly being confronted with having sex and being pregnant."

Hindera said that Eastwood did not threaten any consequences if the girl declined to take the test, but that the girl felt she had no choice because the nurse is an authority figure.

When the girl's father asked Principal Chad Kelly about the pregnancy test, the father was handed a piece of paper citing a section of the Texas Family Code stating that a child may consent to medical treatment by a licensed physician if the child "is unmarried and pregnant and consents to hospital, medical or surgical treatment, other than abortion, related to the pregnancy."

Hindera said even if the girl agreed to take the test, that consent isn't valid under Texas law because of her age.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: pregnancytest; privacyrights; pspl; schools; teenpregnancy
Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last
When the girl's father asked Principal Chad Kelly about the pregnancy test, the father was handed a piece of paper citing a section of the Texas Family Code stating that a child may consent to medical treatment by a licensed physician if the child "is unmarried and pregnant and consents to hospital, medical or surgical treatment, other than abortion, related to the pregnancy."

This is absurd!

1 posted on 06/18/2005 8:28:24 PM PDT by wagglebee
[ Post Reply | Private Reply | View Replies]

To: wagglebee



What's absurd about it...any girl old enough to get pregnant should have some say over their health care.


2 posted on 06/18/2005 8:31:55 PM PDT by SouthernFreebird
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #3 Removed by Moderator

To: SouthernFreebird

The absurdity is the nurse believing she had some "right", "duty", what ever you want to call it to have this girl submit to a pregnancy test.


4 posted on 06/18/2005 8:33:52 PM PDT by Stonedog (I don't know what your problem is, but I bet it's difficult to pronounce.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SouthernFreebird

What if she is 11?


5 posted on 06/18/2005 8:33:58 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: DoughtyOne; wagglebee

Is this an infinite loop?


6 posted on 06/18/2005 8:34:23 PM PDT by Paleo Conservative (Hey! Hey! Ho! Ho! Andrew Heyward's got to go!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Paleo Conservative; DoughtyOne
Is this an infinite loop?

I was wondering the same thing.

7 posted on 06/18/2005 8:35:07 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Paleo Conservative

It's Groundhog Day. Heh heh heh...


8 posted on 06/18/2005 8:35:12 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: wagglebee

Little girl won't have to worry about paying for college now.


9 posted on 06/18/2005 8:35:15 PM PDT by mabelkitty (Lurk forever, but once you post, your newbness shines like a new pair of shoes.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kenth; CatoRenasci; Marie; PureSolace; Congressman Billybob; P.O.E.; cupcakes; Amelia; Dianna; ...

10 posted on 06/18/2005 8:36:20 PM PDT by Born Conservative ("If not us, who? And if not now, when? - Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

Practicing medicine without a license? This is a diagnostic study; I would think that the nurse would need a physician's order prior to performing the test.


11 posted on 06/18/2005 8:37:43 PM PDT by Born Conservative ("If not us, who? And if not now, when? - Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SouthernFreebird

1. She wasn't seeking healthcare.
2. 4th Amendment violation (as stated).
3. Children are not able to sign into agreements. One must be 18 years old.
4. Clear HIPPA violation (Federal health privacy law). Big Time.

Nurse may lose her license.


12 posted on 06/18/2005 8:37:50 PM PDT by mabelkitty (Lurk forever, but once you post, your newbness shines like a new pair of shoes.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Stonedog

In fairness, a number of people on the other thread suggested people wait to see how this plays out. They thought the nurse go short shrift when it came to fully explaining her position.

For the record, I railed on her.


13 posted on 06/18/2005 8:39:27 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: All

I'm not sure how I pulled in the web address of this same thread, but I intended to link all of you to a prior thread.

Please excuse my error. This is the proper prior link.

http://www.freerepublic.com/focus/f-news/1425672/posts


14 posted on 06/18/2005 8:44:14 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: DoughtyOne
They thought the nurse got short shrift when it came to fully explaining her position.

I am a nurse. There is no explanation she could give other than the girl requested the test that passes muster. The girls life was in no imminent danger, she signed no consent for treatment, the nurse did not have a doctor's order for the procedure, the girls' family was not notified, I can go on and on. She should lose her license and be fined $25,000 for violating HIPPA laws.

15 posted on 06/18/2005 8:46:15 PM PDT by Stonedog (I don't know what your problem is, but I bet it's difficult to pronounce.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: wagglebee

School nurses all over the country are digging into personal business of families as much as they can, and many of those school nurses are likely homosexual women. Many of them are also organizing groups for girls, with the activities of those groups organized to teach the content of so-called women's studies (university courses in man hating).


16 posted on 06/18/2005 8:47:11 PM PDT by familyop ("Let us try" sounds better, don't you think? "Essayons" is so...Latin.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Stonedog

If you'll note the wording here, the nurse seems to be saying the kid's story is not accurate. That's what they keyed on in the other thread. They thought the kid probably requested the test.

I appreciate your point of view, and believe me, if you read my comments on the other thread, you'll see I agree with you.


17 posted on 06/18/2005 8:48:56 PM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: DoughtyOne
"I remember the incident," Eastwood said. "Is that how it went down? No, of course not." She declined to comment further, saying she wanted to seek legal advice.

If this is the best she could do, then it happened just the way it was reported. I'm not flaming at you, Doughty, just at this poor excuse for a professional.

18 posted on 06/18/2005 8:52:34 PM PDT by Stonedog (I don't know what your problem is, but I bet it's difficult to pronounce.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: wagglebee

Girl, 15, sues school nurse over prenancy test
http://www.freerepublic.com/focus/f-news/1425672/posts


19 posted on 06/18/2005 8:59:00 PM PDT by PAR35
[ Post Reply | Private Reply | To 1 | View Replies]

To: PAR35

I did a search and used the term "pregnancy test." The link you gave me left the "G" out of the word pregnancy, so the search missed it.


20 posted on 06/18/2005 9:01:53 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson