| 20 Questions (from KC) from 2006; revisited | |
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| Topic Started: Jun 23 2009, 09:44 AM (2,396 Views) | |
| chatham | Jun 26 2009, 12:40 PM Post #121 |
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Just gonna throw out some thoughts here and I do know I am walking toward and maybe off the cliff. But I am bored and it is way to hot to pick veggies until later. I want to go back to why did Duke do a rape kit and examine on crystal. Suppose for a minute that it was a practice exam and it was set up as a practice for levicy. The exam would be done on a woman who came into the ED claiming a rape by 5, or 20 or 3 guys raping her and had other serious inconsistencies with her story(ies). Suppose everyone believed and concluded that no rape had occurred and the case was lowered to the level of maybe a robbery or something like that and made the decision that no rape kit or exam was needed. Suppose someone then said lets give levicy a practice round and not tell her it is only practice. We know she got or will get her certificate, so what the heck, lets give her some practice. And besides we all know crystal is crazy and will probably agree to an exam. (levicy claims that she was certified but did not have the certificate until that afternoon). So they did the exam without the Duke or Durham cops knowing there was an exam. And then, all of a sudden, BINGO, the durham cops somehow found out that there was an exam. Now what kind of legal position would that put Duke in if it was discovered that the rape kit and exam were practice rather than real and it somehow now could become part of the robbery back to rape investigation. What would be Dukes responsibility in a situation such as I am dreaming about here. Would Duke be more liable for doing a rape kit on an alleged rape victim who was not raped or for letting the exam become part of a case that was a hoax and a frame? If the rape kit was indeed part of the planned procedures that morning then it would be easy for Duke to defend itself by just saying that one of its employees (levicy in this case) was wrong in what she did and said subsequent to the exam becasue the exaam did not show any of what the nurse claimed. It would have been over. But Duke did not do any of that. They seemed to go out of their way to cover for someone (levicy) who did some really serious errors in the course of her duties, she did not know she legally had, until later that afternoon. It appears that Duke thought that they had a greater liability someplace else rather than knowingly lie about this case. Would that liability be more with the perception that Duke did not believe a black woman claiming a rape and rather than discharging her from the ED kept her their for a practice rape kit and exam? Would Duke be considered something it was not if the black community found out that Duke did not believe this woman and then just used her to practice on? Would Duke sacrifice some Duke students saving the brand from major criticism and racist suits by the black community of doing the old plantation work of practicing on a black woman who claimed a rape that was known to be false? WHY WOULD DUKE PROTECT LEVICY? Duke claims she did no wrong. The evidence strongly indicates otherwise. back to napping....... |
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| Joan Foster | Jun 26 2009, 01:15 PM Post #122 |
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I notice in our updated chronology that the although Levicy came on duty around 7AM...the SANE was not done until 9AM,,,and then not completed because of Crystal's "pain." So again, Mangum is not treated as if she was anyone's priority. The next day, when Himan boogies over to investigate...he speaks to Levicy, not Manly. This would have been Levicy's first real case. AS a novice with a new sense of "importance", we know now that she went way too far and inserted her diagnosis...her opinion. But, did any of her superiors know this? When did they know it? I wonder if anyone ever asked her specifically WHAT she said at this point. It might have just been assumed that she toed the professional "line." Did anyone know WHAT she said before Nifong started using those words to assume guilt? Did they know what she said...when it still might have been a non story to retract it? |
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| Q.A. | Jun 26 2009, 01:34 PM Post #123 |
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chatham - Your blind-practice-run theory is worth thinking about; such things do happen. There were good plausible-denial grounds to cover-up such a blind-practice-run, if it went bad. They should still have properly supervised the situation, and backed-out from her mistake. Because they did not back-out from her mistake [practice-run or not] I conclude that, at the beginning, they really believed she had not made a mistake. When they belatedly realized that she had made a mistake - the consequences were out-of-control. Reflexive cover-up-denial then went into operation. Edited by Q.A., Jun 26 2009, 01:37 PM.
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| Q.A. | Jun 26 2009, 03:52 PM Post #124 |
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chatham - The more I think about your blind-practice-run idea, the more intriguing it becomes. Going-back into the mists-of-time, when I was a young surgical intern, practice-runs were part of my life. When we were called to the ER for a suspected surgical emergency we did not assume it was necessarily a true-bill. Patients didn’t show-up saying “I’ve got appendicitis.” They show-up saying “ I hurt. Please stop me from hurting.” Our approach was to find-out what was going-on inside them and then fix it. My supervising-resident would send me on ahead to see what I made of whatever it was. In this Duke fiasco, the patient arrives constructively saying “ I was gang-raped.” I have looked at this fiasco with the understanding that Levicy and Arico were both feminazis - Levicy “never saw a fake-rape-victim.” so her preconception was not to treat her work as that of an impartial forensic nurse collecting evidence to find out what had happened - it was more to make-sure-you-ID-the perps and-stick-it-to-them. Actually her pathetic ignorance of DNA-ID shows she was less interested in ID-ing than in sticking-it-to-whomever. Hopefully, the feminazis are a minority in the SANE sub-specialty. If so, the would-be-SANE feminazis should be figures of contempt among the genuine professionals. Just the ones to be made to look as bad they really are - and to be made the butt of sick jokes. Edited by Q.A., Jun 26 2009, 03:56 PM.
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| nyesq83 | Jun 26 2009, 04:39 PM Post #125 |
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It is a plausible theory and helps to explain alot. Add to it that it was one of the slowest days of the year at Duke (Spring break), after a weekend... Levicy stuck to her testimony that she [helped] examine[d] CGM "sometime after she started at 7." "7 is when got in and it was [sometime] after that" She emphasized when she got in because that is closest to when CGM arrived. 2 hours after she comes in they finally check out CGM...? Looks much better than saying "We looked at her at 9, 7 hours after she came here, . |
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| nyesq83 | Jun 26 2009, 04:42 PM Post #126 |
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sorry, ignore italics |
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| MikeZPU | Jun 26 2009, 04:54 PM Post #127 |
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nyesq83: Excellent synopsis -- well put! Even the fact that Levicy said that she's not known of anyone falsely claiming rape -- that's gross negligence right there. If she, as a SANE nurse, assumes a-priori that every allegation of rape is legitimate, that's negligence. Here at Purdue, the last two rape allegations were both false; both women (students) eventually admitted that they had made it up when confronted with inconsistencies. Why someone does this, I don't know, but it was not about money in either case. Mental health issues were suspected. Edited by MikeZPU, Jun 26 2009, 04:55 PM.
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| sceptical | Jun 26 2009, 05:07 PM Post #128 |
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Levicy came in after 7 a.m. She took a history and talked to Crystal. She and Manly did not start the SANE exam and specimen collection until 9 a.m. It is important to note that Levicy's recounting of Crystal's story was not given to the police until April 5 when she turned in supplemental notes-- an irregular procedure for a SANE exam where the history is usually included as part of the SAER report sent with the specimens. (I am doing some research on what happened after the exam). Edited by sceptical, Jun 26 2009, 05:08 PM.
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| Kethra | Jun 30 2009, 09:03 AM Post #129 |
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Well I am late to this since I was laying on a sunny beach being waited on hand and foot!. Sherp. Your wrong, repeatedly wrong on your opinions.. Sorry. A nurse who has passed the boards and clinical and has RN after her name is still trying to figure out where the pencils are. They (other than book knowledge) are completely lost. A nurse who took a 1 year "I don't care what degree you have" to RN is even more lost and having passed a "first responder test" doesn't mean much other than they know some basic first aid. Hardly any kind of basis to be an ER nurse. I have a few points to respond to from all the threads. - Crystal was NOT left alone in a SANE exam room per court documents. She was in a regular room under q15 observation (thats a check every 15 mins). There are no bathrooms in ER rooms. It was documented that she was "sleeping" through out the night. - Levicy changed her original "checklist" comments. Per court documents, she crossed out and re wrote information. This document was not secured and she did not note time/date as required on her changes. This is a violation of the Standards of Practice as well as plain stupid. - Wilderness response technicians are simply first responders. The initial cert is that of advanced first aid. The advanced cert is paramedic 1 equivalent (advanced first aid). Hardly the knowledge level of an ER nurse. I know, I have one too.. It was pretty basic stuff (for an advanced er nurse anyway). Yes I practice it since I am part of a wilderness rescue team. Granted, its nice to have a Wilderness first responder along, but we are more interested in how well you can rock climb since most of our rescues are in extreme terrain. It doesn't do us one damn bit of good if your a hot responder and you DIE getting there. - Levicy has indeed confirmed her comments under oath. She confirmed she indeed told the police that the client had signs of blunt force trauma. Per court records. She cannot make that determination as she had neither the knowledge, degree, certification AND didn't do the damned exam. She lied and acted outside her scope of practice. - Levicy did indeed alter and/or change the SANE notes, per court documents and testimony. A month after the initial exam she showed up at Nifong's office with the note section of the SANE which was completely different from the initial story from Crystal per Levicy's own "checklist" notes AND the notes of other Physicians and Nurses. Those checklist notes went into the collections kit and she could not change them to match her new improved hand written nursing notes later. As any nurse, SANE or otherwise will tell you, this is in direct violation of all rules and regs of documentation. As a note, Mangum's hand written statement also contained an addendum written that day as well to reflect the new improved story. Levicy repeatedly made claims of physical injury which not only didn't exist, but were documented BY HER initially to NOT exist. - Levicy repeatedly claimed that she was the examiner. She lied by either omission of fact or out right bald faced lie led police, defense and the public by way of Nifong to believe that she was wholly responsible and had indeed documented a "brutal attack". Then facts instead (according to Levicy's OWN original checklist notes) supported NO attack, no injuries consistent with the gang rape from 20, 10, 7, 5, and 3 (pick one) men. The original checklist notes and documents do NOT support choking, biting, kicks, punches to the face, heads being slammed into sinks, oral rape, anal rape, vaginal rape, hair pulling, defensive injuries or any other of the claims that Mangum, Leivcy and Nifong made. She lied. - Duke was granted a lot of money to set up the "premier" SANE response unit including several (not one) high tech SANE exam rooms. Supposedly they were to have SANE nurses on duty always. Their own documents show that the On Call will respond in under 30 minutes. - Yes, any Physician can do a SANE exam and then have it thrown out of court because they do not understand or adhere to forensic collection technique. That is the whole point of the exam. There was absolutely NO REASON to have any Physician do the exam since they had several SANE's on staff and Mangum was not in any physical distress whatsoever per Mangum's OWN responses to the checks all night long. The ONLY reason Manly came in is wholly due to Levicy's lack of knowledge and skill. She was incapable of doing the pelvic on her own. - Levicy was given the exam wholly because no one believed Mangum's ever changing story and Levicy was required under SANE cert rules to have so many hours and so many pelvic exams before she would be certified as SANE. She was NOT a certified SANE. She was IN TRAINING. She had her classroom ONLY portion certified. Levicy was given what we call a throw away exam to do for "practice" and to count towards the clincial requirements for SANE certification. What they did not expect was Levicy to lie or lose all sight of her profession. - SANE certification requires that Levicy be supervised by a SANE or SANE trained Physician during all exams (that count towards certification). That didn't happen as Manley was NOT certified and in fact had only done "a few" pelvics prior to that time. This is why she signed as examiner I believe. - Signing on the examiners line was not a mistake. She would need to do that in order for the exam to "count" towards her SANE requirement. Manly probably didn't think anything would come of it either since the SANE was abandoned at the request of Mangum (per court documents and Physician notes). - Levicy claimed both in writing (her notes) and testimony (her written statement) that SHE did the exam. It was not until almost September that Manley came into the picture. She lied and kept lying. - I am not sure in what ED you work or have worked in or know someone who works at one, but my opinion is highly regarded by both Doctors and my fellow nurses. This is WHY when I testify in a court of law it is as an expert witness. I do agree there are Doc's out there who regard nurses as their personal servants, but that rarely happens in an ER where the nurses carry a huge burden of keeping the Docs out of lawsuits and working side by side in saving folks. |
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| Joan Foster | Jun 30 2009, 09:09 AM Post #130 |
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Welcome back, Kethra and all I can say to this post is:
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| Acc Esq | Jun 30 2009, 09:10 AM Post #131 |
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Thank you again, Kethra. |
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| nyesq83 | Jun 30 2009, 09:53 AM Post #132 |
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Kethra rules! |
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| MikeZPU | Jun 30 2009, 11:19 AM Post #133 |
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Kethra: Truly appreciate your post! Thanks for sharing your expertise here! Enjoy getting waited on hand and foot at the beach! Tell the help that we want you to have a laptop and wireless internet while you enjoy the beach! |
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| LaDukie | Jun 30 2009, 11:43 AM Post #134 |
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Question for you Kethra (excellent post BTW)... Does the original checklist and notes exist in its unaltered/unchanged form? Did Levicy change the original documentation that went into the collections kit? Or did she alter a copy, write up new notes, or what? Your posts about SANE exams are always great, but this one gives more detail than I remember. Thanks! |
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| Kethra | Jul 1 2009, 08:26 AM Post #135 |
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The original checklist that Levicy crossed out and changed responses went (to my knowledge) into the collection kit and given to authorities. The nurses note section is what she kept out and did a bit of creative writing with. That is why the two don't match! |
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9:42 PM Nov 29