Can you sue your instructor?

Sheri257 · Jan 29, 2007

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.

Not only that but, I'd include lost income in the damages as well. Afterall, if you don't graduate on time, then there's certainly potential damages for that as well. That can run into the tens of thousands on top of anything that tuition cost you.

But, of course, you've got to prove that they didn't follow policies and procedures and did something wrong.

:typing

abundantjoy07, RN · Jan 30, 2007

I didn't read through all the replies...

But whatever grievance you have should be recorded and kept to yourself until you graduate and recieve your degree. That way the people at the school will owe you nothing becaues you'll have what you went there for.

mkmm429 · Jan 30, 2007

Hello, I just need to add something to these posts I am glad I am not the only one who feels this way, I to was recently asked to leave a program due to my math grades, problem is I have ADHD and dyslexia, and was told I could not retake the tests from the beginning, the funny thing is I was able to figure out Drip rates, etc. but the first 2 tests did me in, no way to make up when there were only 8 tests on this math before moving the pharm, I appealed and decision was upheld, of course I was angry and I have to tell you, suing was the last thing on my mind, won't tell you what is first on this list. I believe that the instructors during the course can see the students who will excel in the program and those that will struggle. Even though I passed A&P and FON with a high end B, I am still out. My evaluations from clinicals were excellent, so I realized that maybe I do not belong in this field, (if you believe in signs). I also put my life on hold, not mention the financial situation I put my husband through, I have searched and spoken with other schools and instructors and sometimes the program you are in, you just do not fit in. It is refreshing when you talk to other schools to see an intelligent, warm instructors vs. mine who was cold as ice! Good luck to you, I am still debating on whether or not to continue my nursing career but it is nice to know that there are other programs where you might fit in.

KellNY, RN · Feb 1, 2007

Not only that but, I'd include lost income in the damages as well.

This is rediculous....

S.N. Visit, BSN, RN · Feb 1, 2007

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.

TheCommuter, BSN, RN · Feb 1, 2007

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?

Any individual can be sued, regardless of whether or not they have a license. Everyday people are sued regularly, as evidenced by those cheaply-made television court shows such as Judge Judy and the People's Court.

It is easy to sue someone, but difficult to prove your case and actually win.

mkmm429 · Feb 1, 2007

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!

Coloradogrl · Feb 2, 2007

This is rediculous....

I agree..:chuckle This should be transfered to the joke section!

Oh and that instructer that slapped she NEEDS TO BE SUED!

Sheri257 · Feb 2, 2007

This is rediculous....

You may think it's ridiculous but, in a somewhat similar situation .... a couple of nursing students just won their case against a college for failing them based on the ATI exam. Now, they're graduating and the college is paying their lawyer's fees.

http://www.napavalleyregister.com/articles/2006/12/16/news/local/iq_3733219.txt

Why did the students win? Because the ATI wasn't approved for that purpose. If they don't follow procedures and you can prove it, you may very well have a successful lawsuit.

:typing

ann945n, RN · Feb 2, 2007

Im sorry this happend to you a second time. If you dont have anything in writting and you were supposed to have it in writting then you might have a case (not legally but with school officals) and try to get back in. I would get your student handbook for the nursing program and find the paragraph in there that says you are to be given written evaluations about clincal performance. If you can find that, fight fight fight to the bitter end and dont take no for an answer. If it is not in writting that you are to get a written evaluation then im afarid you dont have a case. I dont think you should persue this legally with a lawyer, just take it as one of those HORRIBLE life lessons. Perhaps go out and work some more save your money and try again at another school and this time, always get it in writting. Best of luck.

NCVegRN · Feb 2, 2007

Side note:

I was on the honor council at my school. One student review I was juror on we found the student guilty - blatantly so - of her offense. The policy was then that the council would make recommendation for punishment based on prewritten guidelines and the Dean would make the final punishment decision. All of this was in our handbook. Well, this student should have been out of the program immediately - or at least given a failing grade in the class. She however decided to fight it (including using the race card, though the council was of mixed race) and got a lawyer involved. As far as I know the school let her off without a slap - didn't even fail her for the class she cheated in. She was in my graduating class and I just felt it was a mockery. I am all for standing up for one's rights, but our overusage of lawyers and lawsuits in this country is insane. This girl was in most of my classes and became quite hostile - I should have sued her!

sacrdhazel · Feb 2, 2007

This amazes me... I love when people who fail blame everyone else but themselves. Its always the instructors fault. I go to a school 37 miles away from me because when I withdrew from my original school BECAUSE OF A HIGH RISK PREGNANCY. When I tried to come back to the original school, they gave me a "final" to take to give me eligibility to come back. I failed because I found out that they gave me a test there was no way I could pass because they didnt have the proper student to teacher ratio. THAT I could have sued for. But you know what I did... I picked myself up, and fought to get in to a school that not only would take me immediately, but would take my nursing credits.

I am a mother of twin toddlers, I work 2 jobs from home, I travel 37 miles to my school and day care, and I travel 70 miles to my clinical rotation. I have already gotten a 100 and an 88 on my first 2 tests. Why? Because I friggin make the time to study and do my god damn work without whining like a baby. I'm sorry to be harsh, but my class if FILLED with people that complain after every blessed thing that gets evaluated when they dont like what they are hearing. One student was APPAULED when she answered a question "What would you tell a post pardum patient when she is crying and says she doesnt think she will be a good mother" with "I would tell her to give the child up for adoption" and the teacher went ballistic on her.... I mean seriously?!?! I'm sorry... this whole subject is ridiculous.

Strap your friggin boots on, and study. They tell you that from the beginning of the friggin program.