Can you sue your instructor? - page 5

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   Sheri257
    There are lame students who always blame instructors for everything, and there are instructors who abuse their power and authority. I think a lot of us have seen them. I put up with a lot of crap to graduate and I'm sure a lot of other people have also.

    But, if it had gotten to the point that they actually had failed me without cause (which, fortunately, didn't happen) ... I wouldn't have hestitated to sue them.

    I've been to court enough times to know that if you don't have a case and you can't prove it ... you're not going to prevail. Judges hear a lot of crap every day and most (although certainly not all) of them are pretty good at filtering out the bad cases.

    But, if you do have a good case, I don't think it's necessarily a bad thing to make a school follow their own policies and procedures, which are there to prevent abuse.

    :typing
    Last edit by Sheri257 on Feb 2, '07
  2. by   S.N. Visit
    Quote from 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!
    Still among us as of now, (I assume d/t the severe instructor shortage.) The incident happened a couple weeks ago.
  3. by   Sheri257
    Quote from Tanzanite
    Still among us as of now, (I assume d/t the severe instructor shortage.) The incident happened a couple weeks ago.
    This was before I got to NS but, an instructor was fired for hitting a student in our program.

    :typing
  4. by   mkmm429
    Quote from lizz
    This was before I got to NS but, an instructor was fired for hitting a student in our program.

    :typing

    Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset
  5. by   Sheri257
    Quote from mkmm429
    Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset
    Well ... I certainly wouldn't sue an instructor over that. Look: I can put up with a lot of crap and I did play the game: whatever it takes to get through it.

    But I have no doubt that there are some cases where students do everything they're asked to do in clinical or whatever the student gets failed anyway.

    And, if that's the case ... and you're going to take away my livelihood just because you feel like being a jerk for no particular reason then, I am going prove my case and I am going to sue you.

    At that point, it would be ridiculous not to fight back, IMO.

    :typing
  6. by   morte
    Quote from mkmm429
    Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset
    actually it is battery, as some one on this site so politely corrected me a little while ago....lol
  7. by   CityKat
    Hmmm...

    I know you're upset, but it really does sound like something frivolous. My brother is an attorney and he said in MOST cases, a verbal is as good as a written. Sooo, just because there is no "paper trail", doesn't mean it didn't happen. What about going to the dean and discussing things first with her/him and seeing if they can do anything before you file a lawsuit?
  8. by   Sheri257
    Quote from StudentNurseBean
    My brother is an attorney and he said in MOST cases, a verbal is as good as a written.
    Technically, that's true but, unless you have a witness who's willing to testify or a tape recording verifying the conversation, then it's your word against theirs and the court isn't going to give you much unless you have some other proof. Tape recording and, of course, documentation is best because witnesses can crap out on you.

    :typing
    Last edit by Sheri257 on Feb 2, '07
  9. by   CityKat
    Quote from lizz
    Technically, that's true but, unless you have a witness who's willing to testify or a tape recording verifying the conversation, then it's your word against theirs and the court isn't going to give you much unless you have some other proof. Tape recording and, of course, documentation is best because witnesses can crap out on you.
    Exactly! But if someone heard the conversation (ANYONE), then a verbal agreement could very well be legal and binding. Or, like you said..if no one heard and there was tape recording, it is going to boil down to he said/she said and would more than likely end with the outcome not wanted by the her. If she DOES go to court on a he said/she said basis then the judge is going to see that she has no solid evidence backing her claim. It's all about PROVING your claim with proof and not words. Let's not forget that the university would back this professor in a case like this. Either way, it makes no sense to press on with something like this. The cons far out weigh the pros. There would be too much money and time spent on this and in the end, she might regret it because of the results. It's better to lick your wounds and walk away and press on elsewhere.
  10. by   Sheri257
    A lot of this depends on what kind of options are available. If you can get into another program then, it might make sense to walk away. But, some programs won't take you with previous failures. And, of course, there's waiting lists to consider as well.

    And it's not just what was said that matters. There's got to be some manual somewhere that spells out procedures that instructors have to follow when they fail students. As I recall, the OP said this instructor didn't even bother to give her the written midterm or final clinical evaluations which, I know is required at my school so ... depending on what the policies and procedures are, you might be able to nail them on that regardless of what was said.

    :typing
  11. by   RNfromMN
    I tried so hard to resist posting in this thread...but I just gotta.

    The only thing I wanted to say was: One of problems the OP had was in calculating a med dose for a peds pt. If this case were to actually make it in front of a jury or a judge, you know the defense atty would bring up the fact that one of the OPs errors made in clinical could have taken a child's life. Even though we're all allowed to make mistakes in clinical & clinical is supposed to be a learning experience, I don't think judge/jury would care because bottom line, the mistake could have taken a child's life.

    I'm not saying it's right - I'm just trying to point out that a group of jurors would be lay-people that wouldn't focus so much on the fact that we're all allowed to make mistakes, but more on the fact that a mistake made by the OP could have potentially resulted in the death of a child. I would think once they heard there was a chance of that even happening, they wouldn't care about anything else, including the OPs years of experience as an LPN, the lack of written evals/expectations, nothing.
  12. by   KellNY
    And to the poster who said that it would be realized easily

    If you have a 3 day old neonate, that child could easily be 3lbs OR 3kg, and there'd be a heck of a problem dispensing meds safely with that error. This could easily be missed by pharmacy and other nurses.
  13. by   Sheri257
    Ok, I missed the med error which, I guess was posted on another thread? Because I didn't see it posted here. That would definitely make it a tougher case.

    :typing
    Last edit by Sheri257 on Feb 3, '07

close