Can you sue your instructor?

Nursing Students General Students

Published

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?

Ohh ok, I read that thread.

All I have to say is ive been the luckiest nursing student I know, ALL of my clinical instructors have been amazing.

Up Vote Up Vote ×
Specializes in Pediatric home care, assisted living.

Bonny619 and KellNY, I know it sounds funny, but it really quite serious. I have a previous post "What is expected in clinicals". In that post a student said that they have an evaluation sheet of skills that they have to be signed off on. I have that at my school too, but it is not being adhered to. In fact, the evaluation at midterm I am telling you about was verbal. I mean, the least she could have done is write something up, but of course once you put something in writing there is a paper trail. I am out of the program, but I want to do something to prevent this from happening to other students. As for the comment by Bonny619, I did have at least one very good clinical instructor, Prof. Orcahada for Psych. I was given a very good evaluation, (of course, this is the field I work in now) and the clinical for 221 was uneventful. Don't forget I went to an LPN school a college, which was a little stricter and we did have a list of skills we had to sign off on. Also in my other post "What is expected...as I said someone stated that they have a list of skills they have to be signed off on. I did see a counselor the first time I failed clinical. I wrote her a letter about what happened, she said she would get back to me and never. Coincidentally, the LPN school I went to closed down -riddled with lawsuits. I am going to check with the State as to why these evaluations are not being used.

Up Vote Up Vote ×
Specializes in Pediatric home care, assisted living.

Coloradogrl:

You stated that you had a test every day I believe last week, Do you work?

Up Vote Up Vote ×

philly...sorry that so many here are making light of this....i have personal experience...if i had known what the instructor was up to, i would have consulted an attorney as well....but i was younger and on the meek side. If this were to happen now, look out! (we're are of similar age)....unfortunately, i think you would have been better off to deal with this in school, before the end....but i would try any way....a nicely worded letter from an attorney can sometimes do wonders....but try the chain of command at the college first, if you havent already.....good luck

Up Vote Up Vote ×

I'm sorry but regardless of what happened it scares me that it is perceived that someone needs to be sued. Can't another avenue be tried like appealing the decision or having a meeting with admin and then have it investigated?

Up Vote Up Vote ×

As someone who's successfully litigated four cases myself (although not against a school) I wouldn't dismiss the possibility. I've had lawyers who've told me I didn't have a case but, then I found other lawyers who did think I had a case and I won.

The bottom line is that you have to prove everything. What are the policies and procedures for failing students. You have to research that and back it up in writing. There's got to be some manual somewhere that talks about this.

What somebody says doesn't matter, it all has to be in writing. Did they document it and did they follow those procedures. If they didn't, you have to prove that also. But, if you can prove it then, you might have a shot.

:typing

Up Vote Up Vote ×
Coloradogrl:

You stated that you had a test every day I believe last week, Do you work?

No, I dont work. Many of my fellow students "attempt" to work and go to school but from what I have seen/heard many HAVE to quit because it just is not possible! We were all told to not work and there is a few students that choose to but there grades go pretty quickly:stone

I am litteraly having my butt handed to me at this point I go to school from 8-3 weekdays and I spend atleast 3 hrs of homework at night and on the weekends I put in about 15hrs of homework. There is really no way I could work even if I wanted to. This last 2wks I think I lived on energy drinks & 3-5 hrs a sleep & the sad thing is the weeks to follow arent looking to good either...off to get some more:smilecoffeecup: :smilecoffeecup: :smilecoffeecup:

Up Vote Up Vote ×
Specializes in Pediatric home care, assisted living.

I want to thank everyone who took the time to read my post and who gave me feedback positive and negative. A lot of time when you are in the middle of a situation, you cannot see clearly. Your emotions overshadow rational thinking. I also believe things happen for a reason. I had essentially put my life on hold for nursing. That was all I did outside of work and I was probably working too much also. My undergraduate school has a BSN program but there would be about 16 nursing courses required. As an alumni, I could take 12 credits free. Or I may look into a teaching hospital in Pa. Thanks again.

Up Vote Up Vote ×
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...

I would not say you necessarily have a lawsuit yet but you certainly have grounds for a grade appeal. Due process for academic misconduct (poor grades) requires that student be adequately notified about their academic performance, including the deficiences that must be improved and within what time frames, to allow their potential continuation in the program. Due process is a guaranteed right under the fourteenth amendment.

I'll post again with some articles to give you further ideas. One BIG suggestion, go to your university ombudsman to see what options you have. Those guys are masters are conflict resolution, and it is free and confidential beside.

good luck.

legal aspects of grading and student progression.pdf

Up Vote Up Vote ×
Specializes in Family Nurse Practitioner.
No, I dont work. Many of my fellow students "attempt" to work and go to school but from what I have seen/heard many HAVE to quit because it just is not possible! We were all told to not work and there is a few students that choose to but there grades go pretty quickly:stone

I am litteraly having my butt handed to me at this point I go to school from 8-3 weekdays and I spend atleast 3 hrs of homework at night and on the weekends I put in about 15hrs of homework. There is really no way I could work even if I wanted to. This last 2wks I think I lived on energy drinks & 3-5 hrs a sleep & the sad thing is the weeks to follow arent looking to good either...off to get some more:smilecoffeecup: :smilecoffeecup: :smilecoffeecup:

LOL, yeah they "told" us not to work either but over 1/2 my class did and our grades were every bit as good as the ones that didn't work. No one flunked out or quit because of their job. Skipping a years income and living off my savings wasn't something I was willing to do.

Up Vote Up Vote ×
Specializes in Case Management.

When I was in nursing school (diploma program) we did clinical in our hospital on the peds unit for our peds rotation. The head pediatrician of the hospital would stop a student on the peds unit and ask 3 or 4 questions. If they failed to answer all correctly he made them leave the unit and take a failure for the day in clinical. Believe me, he kept us all on our toes, and despite hating him during clinicals I recognized that he cared for each and every one of his little patients and did not want anyone coming to his floor unprepared.

He is and has been the pediatrician of choice for all 4 of my children.

Up Vote Up Vote ×
+ Add a Comment