In a Jan. 21 ruling, arbitrator James Brown found the Brooklyn hospital largely at fault when an expectant mother delivered her baby in a hallway outside the labor and delivery unit in December 2022. In a hearing, the Federation of Nurses, which represents about 1,000 nurses at the hospital, said the nurses did not know the woman needed assistance, as she was not visibly in distress on a security monitor.
The union also contends short staffing and poor communication were factors in the incident, noting the lack of a unit clerk that day to screen or register individuals entering the locked unit. Following the birth, the hospital installed an upgraded intercom system allowing nurses to communicate with anyone at the entrance and unlock doors remotely. It also updated signage to improve patient navigation.
“An employee can only be disciplined for conduct that violates rules or for other misconduct that is sufficiently egregious and obvious,” Mr. Brown wrote in his decision. “No basis exists for disciplining employees for failing to show sufficient compassion or empathy.”
Under the order, the nine nurses were reinstated to their roles with back pay and no loss of seniority.
In a statement to Becker’s, NYU Langone Health said it was disappointed with the decision.
“We firmly believe that the terminated nurses failed to meet the duty of care we expect of our nursing staff,” the statement said. “Anyone who has a core sense of humanity and watched the video of this incident would be appalled by the lack of response by nine nurses who had no other patients to care for. We remain dedicated to providing safe, top-quality care to all of our patients at NYU Langone Hospital—Brooklyn and across our system.”
“Even in the absence of a clerk, nine nurses ignoring a patient in need is simply not acceptable. We expect our nurses to be able to exercise enough independent judgment to determine when they should assist a pregnant woman who appears at the door of our labor and delivery unit.”