The Case of Janet K. and Epilepsy Janet K. had suffered from epilepsy since she was an infant. Her condition was well controlled as she entered adulthood, and she was able to complete a nursing program in good health. She particularly enjoyed working as a scrub nurse in the operating room. Upon graduation she applied at the large university teaching hospital where she had performed her clinical work during her nursing program. The hospital knew of her epilepsy history and offered her a job in their medical records department. Janet petitioned to be able to work in surgery but the hospital administrators felt that it was too dangerous for Janet and for the surgical patients if she should have a seizure there.

While working in medical records, Janet's seizures began to return. She would have a seizure at least every month even though her medications had been changed. Janet noticed that some of her fellow medical records technicians would stay away from her for fear of not knowing how to help her during a seizure. One afternoon a physician was dictating his case records in a cubicle next to Janet's when she had a seizure. He helped her and then went to the hospital administrator and told her that Janet should not be allowed to work in a hospital because it gave the hospital, with its image of healing, a bad reputation.

Janet, at the age of 27, was the only one terminated because of departmental downsizing.

In your response defending the hospital answer the following:

Client: The hospital defending the claim (the defendant), set out the facts, the specific law or laws supporting your client's position, and what your client wants to resolve the situation (for example, a request for a formal investigation, the offer of a promotion, or dropping the claim). Remember to stick to the facts and to avoid making assumptions or generalizations.

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