Can you sue your instructor? - page 4

It is my understanding that anyone who has a license can be sued. Is this true, how hard or easy is it. Anyone have any experience with this?... Read More

  1. by   KellNY
    Quote from lizz
    Not only that but, I'd include lost income in the damages as well.
    This is rediculous....
  2. by   S.N. Visit
    We had an instructor slap a student twice in front of a pt and another student. The student threatened that if she was failed, she would press charges and sue her. We are still waiting the verdict! Ya, you can sue your instructor but you have to have strong evidence & grounds.
  3. by   TheCommuter
    Quote from Phillygryl
    It is my understanding that anyone who has a license can be sued. Is this true, how hard or easy is it. Anyone have any experience with this?
    Any individual can be sued, regardless of whether or not they have a license. Everyday people are sued regularly, as evidenced by those cheaply-made television court shows such as Judge Judy and the People's Court.

    It is easy to sue someone, but difficult to prove your case and actually win.
  4. by   mkmm429
    We had an instructor slap a student twice in front of a pt and another student. The student threatened that if she was failed, she would press charges and sue her. We are still waiting the verdict! Ya, you can sue your instructor but you have to have strong evidence & grounds.
    __________________

    Is the instructor still among us, or is she sleeping with the fishes!
    Last edit by mkmm429 on Feb 1, '07
  5. by   Coloradogrl
    Quote from KellNY
    This is rediculous....
    I agree..:chuckle This should be transfered to the joke section!

    Oh and that instructer that slapped she NEEDS TO BE SUED!
  6. by   Sheri257
    Quote from KellNY
    This is rediculous....
    You may think it's ridiculous but, in a somewhat similar situation .... a couple of nursing students just won their case against a college for failing them based on the ATI exam. Now, they're graduating and the college is paying their lawyer's fees.

    http://www.napavalleyregister.com/ar...iq_3733219.txt

    Why did the students win? Because the ATI wasn't approved for that purpose. If they don't follow procedures and you can prove it, you may very well have a successful lawsuit.

    :typing
    Last edit by Sheri257 on Feb 1, '07
  7. by   ann945n
    Im sorry this happend to you a second time. If you dont have anything in writting and you were supposed to have it in writting then you might have a case (not legally but with school officals) and try to get back in. I would get your student handbook for the nursing program and find the paragraph in there that says you are to be given written evaluations about clincal performance. If you can find that, fight fight fight to the bitter end and dont take no for an answer. If it is not in writting that you are to get a written evaluation then im afarid you dont have a case. I dont think you should persue this legally with a lawyer, just take it as one of those HORRIBLE life lessons. Perhaps go out and work some more save your money and try again at another school and this time, always get it in writting. Best of luck.
  8. by   NCVegRN
    Side note:
    I was on the honor council at my school. One student review I was juror on we found the student guilty - blatantly so - of her offense. The policy was then that the council would make recommendation for punishment based on prewritten guidelines and the Dean would make the final punishment decision. All of this was in our handbook. Well, this student should have been out of the program immediately - or at least given a failing grade in the class. She however decided to fight it (including using the race card, though the council was of mixed race) and got a lawyer involved. As far as I know the school let her off without a slap - didn't even fail her for the class she cheated in. She was in my graduating class and I just felt it was a mockery. I am all for standing up for one's rights, but our overusage of lawyers and lawsuits in this country is insane. This girl was in most of my classes and became quite hostile - I should have sued her!
  9. by   sacrdhazel
    This amazes me... I love when people who fail blame everyone else but themselves. Its always the instructors fault. I go to a school 37 miles away from me because when I withdrew from my original school BECAUSE OF A HIGH RISK PREGNANCY. When I tried to come back to the original school, they gave me a "final" to take to give me eligibility to come back. I failed because I found out that they gave me a test there was no way I could pass because they didnt have the proper student to teacher ratio. THAT I could have sued for. But you know what I did... I picked myself up, and fought to get in to a school that not only would take me immediately, but would take my nursing credits.

    I am a mother of twin toddlers, I work 2 jobs from home, I travel 37 miles to my school and day care, and I travel 70 miles to my clinical rotation. I have already gotten a 100 and an 88 on my first 2 tests. Why? Because I ******* make the time to study and do my god damn work without whining like a baby. I'm sorry to be harsh, but my class if FILLED with people that complain after every blessed thing that gets evaluated when they dont like what they are hearing. One student was APPAULED when she answered a question "What would you tell a post pardum patient when she is crying and says she doesnt think she will be a good mother" with "I would tell her to give the child up for adoption" and the teacher went ballistic on her.... I mean seriously?!?! I'm sorry... this whole subject is ridiculous.

    Strap your ******* boots on, and study. They tell you that from the beginning of the ******* program.
    Last edit by sacrdhazel on Feb 2, '07
  10. by   PralineLPN
    Litigation in America-the first and only answer for everything! Yesterday a Pt hurt my feelings, and there was too much paperwork, I think I'll sue for emotional distress.

    Seriously, the time and money (good lawyers are NOT cheap) invested in bringing a lawsuit will be better used finishing at another school.
    Also, the ATI case may not be applied to this one. Oranges and apples.
    Paul
  11. by   mkmm429
    Quote from sacrdhazel
    This amazes me... I love when people who fail blame everyone else but themselves. Its always the instructors fault. I go to a school 37 miles away from me because when I withdrew from my original school BECAUSE OF A HIGH RISK PREGNANCY. When I tried to come back to the original school, they gave me a "final" to take to give me eligibility to come back. I failed because I found out that they gave me a test there was no way I could pass because they didnt have the proper student to teacher ratio. THAT I could have sued for. But you know what I did... I picked myself up, and fought to get in to a school that not only would take me immediately, but would take my nursing credits.

    I am a mother of twin toddlers, I work 2 jobs from home, I travel 37 miles to my school and day care, and I travel 70 miles to my clinical rotation. I have already gotten a 100 and an 88 on my first 2 tests. Why? Because I ******* make the time to study and do my god damn work without whining like a baby. I'm sorry to be harsh, but my class if FILLED with people that complain after every blessed thing that gets evaluated when they dont like what they are hearing. One student was APPAULED when she answered a question "What would you tell a post pardum patient when she is crying and says she doesnt think she will be a good mother" with "I would tell her to give the child up for adoption" and the teacher went ballistic on her.... I mean seriously?!?! I'm sorry... this whole subject is ridiculous.

    Strap your ******* boots on, and study. They tell you that from the beginning of the ******* program.


    Wow! I hope this was not aimed in my direction, that's rough! Good for you and your excellent grades, and thank God your babies are ok! But WOW
  12. by   sacrdhazel
    lolol no not in anyones direction... sorry if you thought that. This just brings out my past experiences... I fought damn hard to get where I am... and I know so many people that sue for frivolous things. Thats the way of the American world. I mean jesus, if my instructor SLAPPED me, I'd have to get all Brooklyn on her.
  13. by   mkmm429
    Quote from sacrdhazel
    lolol no not in anyones direction... sorry if you thought that. This just brings out my past experiences... I fought damn hard to get where I am... and I know so many people that sue for frivolous things. Thats the way of the American world. I mean jesus, if my instructor SLAPPED me, I'd have to get all Brooklyn on her.

    I totally agree with you, about the lawsuits, if you read my post on this subject, you will see that I also fought to get back in, then I thought if I get back in, what kind of learning experience is it going to be with that teacher. I took a pass on fighting with this one and am waiting for another school registration in fall 2008, It is worth it to me to go into another program then to be back in that program with that teacher, what makes me crazy about it tho is that all through the first semester they etch into your brain, do not judge people, keep your opinions to yourself, validate everyones feelings etc. Some instructors just do not practice what they preach! Who wants to learn from some one like that! As far as the instructor smacking that student, that person would be weraing cement shoes at the bottom of the ocean lol

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