Can I sue this nursing instructor?

Straydandelion · Oct 4, 2008

I would talk to the director and explain the circumstances, that you assumed your private information would be confidential and also point out you were written up in part for something the instructor thought you would do yet hadn't, bringing the issue of the unfairness of both points. Why did she talk to you in the first place, singling you out twice since the performance has been good and what did she write you up for...crying in front of her?

allnurses Guide · Oct 4, 2008

What did the director do or say in response to this?

What happened that your instructor thought she needed to call you in?

You aren't allowed to show emotion in front of other students? Is that actually written out in the student handbook?

I'd go to the dean of students, following your chain of complaints or problems according to your handbook, for making complaints. Your student file should be kept confidential, if any of that personal info shows up outside of the director's office you'll have grounds for complaints as well.

Our CC has instructors refer students for counseling if there is a perceived problem.

Daytonite, BSN, RN · Oct 4, 2008

this woman put down on paper what i had told her in confidence.

and, then what?

how were you damaged? to sue someone you had to have suffered damage that you can put a price on and probably have violated some law. so far, all that has happened is she documented this encounter and confidentiality has been maintained. no one else except the instructor, you and her boss (the director) know. you didn't say what the director had to say about this. i'm assuming she said nothing or you would have posted it.

Fermin Hernandez, ADN, ASN, RN · Oct 4, 2008

Just curious - how does a student get wrote up?

Valerie Salva, BSN, RN · Oct 4, 2008

Just curious, since you are not yet a nurse, why does your profile say your nursing speciality is midwifery?

TessaMae · Oct 4, 2008

I'm a fourth semester nursing student and I had a nursing instructor invite me into two sessions with her after lecture class to talk with me about personal issues. She wanted to know what was going on. I told her my mother got laid off and I had to use the rest of my financial aid to pay the mortagage this month. My father was upset about it, and got really confused. I've been taking care of him, but this month, it is getting worse.
What did this woman do? She wrote me up, putting all my personal issues down on paper, calling me into the director's office to say that I cried in front of her, and that she was afraid I would do this in front of other students. (Note: I am very professional in front of my peers and I have an A in clinical.)
This woman put down on paper what I had told her in confidence.
I wish I wish I wish I could do something for confidence betrayed. I'm embarrased and broken that a nursing instructor could do this to a student.

I think what happened to you is awful but I have to play devil's advocate here. Is it possible that your professor wasn't being nice and offering to chat with you about what is going on in your life. At my school when a student has an issue ie. fails a test, makes an error, excessively tardy, etc. The professors meet with you one on one to discuss the issue. Maybe you misinterpreted her request to meet, maybe she noticed a change in your concentration or your skills and wanted to make sure everything was ok for the safety of the patients you might encounter? She should have made it clear what type of meeting the two of you were having and maybe she did but you had so much on your mind that you didn't catch on.

My personal advice is to never tell your boss or in this case your teacher information about your personal life. Even if they care, they are still running a business/school and need to keep the best interests of that first.

Good Luck!

llg, PhD, RN · Oct 4, 2008

Like the other readers here, I don't know exactly what happened in this case ... but here is a POSSIBLE version of the events from the instructor's point of view. I'm not saying that it is what actually happened, just that this is what the instructor might say if asked to defend herself.

"I noticed that MidwifeAnnie was having difficulty in class/clinical and was very concerned about her. She seemed upset and it was effecting her performance. Needing to investigate to protect the safety of the patients -- and not wanting to embarrass her in front of her classmates -- I asked her to meet with me privately to see if her troubles had anything to do with my class and/or to see if there was anything I could do to help her. As soon as I asked her about it, she broke down and cried and unburdened herself to me about the difficulties in her personal life and how she is having extreme difficulty managing her stress.

Concerned that her difficulties might further interfere with her ability to deliver safe care -- and not wanting her to hurt a patient and/or herself, I felt the need to follow-up with her. I included the Program Director in the conversation so that we could have the benefit of her experience and her knowledge of the resources available and options that the student may have to take some time off from school, etc. Also, as we were talking about sensitive issues, I wanted a witness to our conversation in case there were an legal questions later.

I was just trying to help this student and protect the patients. I hope she gets the help she needs before she hurts someone and/or damages her career due to her struggle to handle the stress of her personal problems."

AOx1 · Oct 4, 2008

At many schools, you are required to bring to the attention of the program director any difficulties of such nature. As instructors we often notice a dramatic change in student performance due to personal issues. When you mention she was wondering what was "going on" this indicates that clearly something had changed in either your behavior or performance.

I often find myself in such a situation as an instructor, and I also document the conversation. We have a responsibility to students to care about them and to try to offer assistance. This includes documentation, just as you would document if you had such a conversation with a patient. It would be horrifying to me if a student ever hurt him or herself and I knew they had trouble and did nothing. Many of our student have no one to talk to.

Additionally, we have a responsibility to the public. If a student is not currently able to handle personal problems and is overwhelmed, we need to ensure that they will perform safely in the clinical setting.

The one thing I would add is that I do offer my students resources and explain my motivations. I hope that you were given resources. I am sorry that you are hurting and having a difficult time and hope you can work through this.

tencat · Oct 4, 2008

Just curious, since you are not yet a nurse, why does your profile say your nursing speciality is midwifery?

What's that got to do with the price of beans? Sheesh.....Maybe she IS a nurse in a midwifery program.

Anywho....I think it's good advice to not tell anyone you work with too much about your personal issues, be it coworkers or bosses. Too much chance for that information to be misused.

JustKeepSmiling, ADN, BSN, RN · Oct 4, 2008

Personally,

I am big on letter writing. I would write a very deep & informative, chronological letter to the head honchos and preferably get all copies notarized so no one can say you changed anything after the fact.

It's a matter of protecting your buns...

That's wrong and deceitful on the teacher's part and this requires addressing.

AnneMarieRN · Oct 4, 2008

To Ms. Salva:

I have changed my name, but because I am a student nurse midwife in an EL-MSN program, I thought it represntative of the goals that me, my program, and my instructors hold for me.

This is a good example of the effects that uninformed, uneducated (in this case, about my position in a graduage program), and the effects it has on those coming up in the profession.

It's disheartening when such behavior is made to change students' lives.

Feel happier about your ability to embarrass someone, even on Allnurses?