Can you sue your instructor?

  1. 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?
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  2. 81 Comments

  3. by   epiphany
    Anyone can be sued.

    Are you angry with an instructor right now, and need some kind of retribution?
  4. by   KellNY
    On what grounds would you sue him/her?

    This sounds a little silly. I think we need more details.

    It's a common misconception that anyone can sue anyone. You do need a reason, believe it or not. Sure, you can try to sue whoever you feel like suing. I could try to sue you for taking up my time with this posting. I could say that I'm worth $45/hr, and this took me 30 min to read, respond to (including spell check and editing), and so I'm suing you for $22.50. But it'd be nearly impossible to find a lawyer willing to take the case, and even harder to find a judge who wouldn't throw the case out without hearing it.

    If you want to sue because you got a bad grade, it's not going to work. Descrimination-probably not either, unless it was not only very direct but also had lasting negative effects to your life, health, etc. Did she stab you with a syringe full of heparin and you bled for days?

    This was way too vague. We need some more details before we can offwer you any type of information or advice.
    Last edit by KellNY on Jan 27, '07
  5. by   Coloradogrl
    Anyone can obtain a lawyer and file a suit but that doesnt mean it will go too far.....I agree I think we need more details
  6. by   KellNY
    I just saw another thread by the original poster.

    If this is because you failed your Peds Clinical for the 2nd time, no. No you cannot sue. And if you did sue, you would lose.
  7. by   GardenDove
    Heh, heh, I would've liked to sue one of my instructors for mental and emotional suffering...
  8. by   Coloradogrl
    Quote from GardenDove
    Heh, heh, I would've liked to sue one of my instructors for mental and emotional suffering...
    I LOVE IT! I really like my instructors but they seriously have put some mental and emotional suffering with all the test/homework! For the past week and half straight I have had a test every day!:trout:
  9. by   Daytonite
    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?
    The person has to break a law relating to the practice of their profession. It's very hard to prove that the nurse practice act has been broken without very good proof. The state board of nursing would have gone after their license in the first place. In a civil tort you can only collect money for damages as a result of your loss or as a punishment for their having broken some law in some way in order to collect any money. You also need to find a lawyer who is willing to handle this kind of lawsuit. Most will only take on a case in anticipation of winning the money. They are very good at knowing what kind of suits pay and how much they pay because that is what they are in business for. If the case is not going to pay off they either won't pursue it, or they will charge you for all the expenses incurred. Some lawyers don't care who their money for their services comes from.
  10. by   epiphany
    Quote from GardenDove
    Heh, heh, I would've liked to sue one of my instructors for mental and emotional suffering...

    I had instructor I would have sued for cruel and unusual treatment.
  11. by   Phillygryl
    Yes, for emotional distress, for the loss of time taking the course also for misrepresenting their basis for failing me, for the cost of the course I take. As I said, as part of the course requirements I am supposed to receive an evaluation (written) at mid semester and at the end of clinical evaluation, I received neither. if it was so terrible, don't you think they would have documented it. On my job, if I am having a problem with a client, and you know they will complain about you to whoever, the Director, the counselor, I write a very thorough note in the chart, so that if there are any questions, anyone reading the chart will know exactly what was said and by whom. These instructors are arbitrary and subjective and just do whatever they want, it seems, i still cannot believe it, but it seems to be true. They have to be stopped.
  12. by   moongirl
    Quote from GardenDove
    Heh, heh, I would've liked to sue one of my instructors for mental and emotional suffering...
    :yeahthat:

    i figure one of mine owes me roughly 2 milllion $$$ and most of the skin around my fingernails I picked off r/t nervousness
  13. by   mercyteapot
    Quote from Phillygryl
    Yes, for emotional distress, for the loss of time taking the course also for misrepresenting their basis for failing me, for the cost of the course I take. As I said, as part of the course requirements I am supposed to receive an evaluation (written) at mid semester and at the end of clinical evaluation, I received neither. if it was so terrible, don't you think they would have documented it. On my job, if I am having a problem with a client, and you know they will complain about you to whoever, the Director, the counselor, I write a very thorough note in the chart, so that if there are any questions, anyone reading the chart will know exactly what was said and by whom. These instructors are arbitrary and subjective and just do whatever they want, it seems, i still cannot believe it, but it seems to be true. They have to be stopped.
    Good luck with that then...

    If those were grounds for a successful lawsuit, a quarter of the instructors currently teaching would be out more money than they'll ever make. It's just the way some of them work.
  14. by   mizzou_ivy
    What would be the point? All that time and energy spent for retribution when the energy could be spent studying and deciding if nursing is really for you. Not a harsh comment only the truth. It's a hard education but an even harder job. What happens if once you graduate someone offends or doesn't do something according to the book, should they be sued as well? What happens when a family hurts your feelings or a co-worker is mean and unwillingly to help? Do you sue them? Not trying to offend just offer an additional way of thinking. Take a deep breath and try to calm down.

    If you knew that you were supposed to get a midterm eval and post eval but didn't why didn't you contact the instructor for it, or maybe you did and I missed that. But you would at least have a paper trail. I suggest getting all your evals together and see what the big gripe from the instructors was, if it were something simple, realize you may have a clash in attitudes. If you did something a little larger maybe you can try and improve. Remember nursing school is a bunch of hoops along with an education for a wonderful career. Head up!!

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