Can you sue your instructor? - page 6

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
    Quote from 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.
    Or doctors for that matter. We did have a case where the MD made a similar error and a student caught it.

    Nevertheless, I have to agree that once you mention that error to the court, even though it wasn't given then ... it's pretty much game over. You're not going to win.

    :typing
    Last edit by Sheri257 on Feb 3, '07
  2. by   morte
    depends if the error was in her first go round, or second, and i cant remember which
  3. by   Sheri257
    Quote from morte
    depends if the error was in her first go round, or second, and i cant remember which
    I don't think so. If you're going to take a case like this to court, you've got to be squeaky clean. We all know that people make mistakes but, you don't want to be in a situation where they can come at you with anything negative.

    And, the purpose of school is to weed out unsafe practitioners. I seriously doubt any court is going to find fault with a program that's anal about med errors.

    Plus, the fact that she's already an LPN would raise expectations that she should be more safe than the average student.

    Obviously I've done a 180 on this subject but, I didn't realize there was another thread with more info than what was disclosed here.

    :typing
    Last edit by Sheri257 on Feb 3, '07
  4. by   mercyteapot
    The bottom line seems to be yes, the OP can sue her instructor. No, the OP isn't at all likely to win her case. I'd be concerned about a countersuit too, but that's a whole different ball of wax.
  5. by   charebec65
    Quote from KellNY
    This is rediculous....
    Well put KellNY..... We live in a way too sue happy society...

    Without knowing the whole story, it doesn't seem to me like a viable case. I used to be a paralegal and from what I know of what happened, the atty. I worked for wouldn't touch it with a ten foot pole. Filing fees for civil suits are quite high and if you want a jury trial, they're even higher. I don't know what they are now but when I left the paralegal field 11 years or so ago, it cost $250 to file a civil suit then more for the jury and I'm sure costs have risen significantly.

    I know that in nursing school we were given written and verbal evals. We got continuous feedback good and bad. I never had any issues but there were a couple of people in my class who almost didn't make it for whatever reason. They were kept abreast of the situation.
  6. by   TimiT
    I wish! I'd actually like to sue my school for allowing me to pay them for this instuctor to teach. He's so bad at teaching that on our last test, 25 out of 30 got a D or failed. It's the schools fault, in my opinion, because they knew that last semester 50 of 70 students dropped out of his class & only 12 of the ones left even passed it! I am just starting school (I'm 32, stay at home mom, it's been 15+ years) so it's ONLY basic algebra.....nothing confusing or crazy....it shouldn't be that hard to pass his test! Fortunatly for me, I had taken the accuplacer test at school & the highest you can score on comprehension is 12, I got 11.? (something) & I have a A+ in BIO & last semester I only got 3 wrong on my intro to algebra final exam....so clearly it's not me. It cost me $568 for the class, & so far, I dished out $460 in child care, just for that class....if it wasn't for that class, I wouldn't have childcare. Anyways....blah blah blah....! - thinadvisable
  7. by   supermom27
    I wanted to put my word in. I attended a highly corrupt school and was failed on a skill. You can look up the thread under 'Advice Needed' which I keep meaning to update. Anyway, at this point the State is investigating because the school is failing students arbitrarily. For all of you that advised to go through the appeals process and chain of command, you are all correct. I did that and it has been a loooooong process but it has all been documented and I did NOT receive due process, which as Jov pointed out awhile back, is your 14th amendment right. There are, unfortunately, some nursing schools who are stuck back in the dark ages and feel they are above the rules of the school and laws of the land. And they are NOT. If every nursing student fought back, things would change. I also agree with those of you who said that if you don't study and work hard, it is ridiculous that someone would blame the instructor. This was not the case for me and I went from a 3.97 GPA to a 2.6GPA because of a corrupt and arbitrary system. So, the State is investigating, and everyone who works at this school who wrongly failed a student should lose their jobs! And, yes, I can sue their pants off because they didn't follow their own rules, contract law, or due process laws (both procedural and substantive)......I hope any student out there who is experiencing this knows that it can be fought! DOCUMENT EVERYTHING. I sent almost 40 pages to the agency who is investigating. (A special thanks to Jov for helping me out in this crazy situation! )
  8. by   ProfRN4
    I find this thread very fascinating. I know it is old (It came up on the bottom of my page as a related thread), and I'd be very curious to know what has transpired since the OP's original post.

    What I'd love to know is this: can I sue a student for practicing unsafe under my license!! I mean, if a student went and did something while I was not supervising them (because I cannot be with all of my students at the same time ), and they give a med or perform a procedure incorrectly, can i sue them. Just wondering...
  9. by   MySimplePlan
    Quote from nurse educate
    I find this thread very fascinating. I know it is old (It came up on the bottom of my page as a related thread), and I'd be very curious to know what has transpired since the OP's original post.

    What I'd love to know is this: can I sue a student for practicing unsafe under my license!! I mean, if a student went and did something while I was not supervising them (because I cannot be with all of my students at the same time ), and they give a med or perform a procedure incorrectly, can i sue them. Just wondering...
    It appears as though you're the kind of educator most are griping about. When mocking your students becomes what you convey about your job, it's time to find a new job. Please do the nursing students who are truly trying to learn nursing a favor and leave clinical teaching. Thanks.
  10. by   helloworld
    Quote from MySimplePlan
    It appears as though you're the kind of educator most are griping about. When mocking your students becomes what you convey about your job, it's time to find a new job. Please do the nursing students who are truly trying to learn nursing a favor and leave clinical teaching. Thanks.
    Whoa! I haven't read this whole thread, just the last few posts, but I don't think nurse educate said anything to warrant that kind of a response. I don't think there was any mention of mocking students? I think it was a legitimate question with a pinch of humor, so your response may have been a tad harsh in my opinion.

    And no, I'm not an instructor. I just graduated from one of the toughest programs (I hear) in my area and I did see instructors get into trouble for things student did on their watch, so I fully appreciate the legitimacy of the question. We all work hard for our licenses, and for the safety of any patients we're responsible for, whether directly or indirectly.
    Last edit by helloworld on Feb 16, '08
  11. by   llg
    Quote from MySimplePlan
    It appears as though you're the kind of educator most are griping about. When mocking your students becomes what you convey about your job, it's time to find a new job. Please do the nursing students who are truly trying to learn nursing a favor and leave clinical teaching. Thanks.
    I think that remark was out of line. Nurse Educate did not deserve that personal attack. She asked a legitimate question with a little humor.

    For all you know, she could be a terrific teacher. Instructors are people too, you know and need to be able to speak freely here just as students speak about being unhappy with their instructors.
  12. by   Valerie Salva
    The pendulum often swings too far- both ways.

    A student in my program was forcibly shoved against a wall by an instructor. The instructor was all red in the face screaming at the student in front of the whole clinical group. Nothing was done about it. The student was pretty intimidated, and did not fully persue it.

    This same instructor shook her fist in another student's face. She did not like what the student was saying in a class presentation. She ran up to her (face all red again) and shook her fist in her face. Her teeth were clenched and her expression was just wild.

    Nothing was done.

    In this same class, several students flunked out because they did not make passing grades on our written exams.

    They went as a group and whined, and were let back in the program. All of their failing grades were changed to passing grades.
    Last edit by Valerie Salva on Feb 16, '08 : Reason: correction
  13. by   morte
    Quote from MySimplePlan
    It appears as though you're the kind of educator most are griping about. When mocking your students becomes what you convey about your job, it's time to find a new job. Please do the nursing students who are truly trying to learn nursing a favor and leave clinical teaching. Thanks.
    frankly, i agree with you.....and you were even polite about it!
    i felt the mocking tone of her/his post was very obvious, and their comment facetious.

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