Can you sue your instructor?

Nursing Students General Students

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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?

Specializes in TCU, LTC.

Litigation in America-the first and only answer for everything! Yesterday a Pt hurt my feelings, and there was too much paperwork, I think I'll sue for emotional distress.

Seriously, the time and money (good lawyers are NOT cheap) invested in bringing a lawsuit will be better used finishing at another school.

Also, the ATI case may not be applied to this one. Oranges and apples.

Paul

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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.

Wow! I hope this was not aimed in my direction, that's rough! Good for you and your excellent grades, and thank God your babies are ok! But WOW

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lolol no not in anyones direction... sorry if you thought that. This just brings out my past experiences... I fought damn hard to get where I am... and I know so many people that sue for frivolous things. Thats the way of the American world. I mean jesus, if my instructor SLAPPED me, I'd have to get all Brooklyn on her. ;)

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lolol no not in anyones direction... sorry if you thought that. This just brings out my past experiences... I fought damn hard to get where I am... and I know so many people that sue for frivolous things. Thats the way of the American world. I mean jesus, if my instructor SLAPPED me, I'd have to get all Brooklyn on her. ;)

I totally agree with you, about the lawsuits, if you read my post on this subject, you will see that I also fought to get back in, then I thought if I get back in, what kind of learning experience is it going to be with that teacher. I took a pass on fighting with this one and am waiting for another school registration in fall 2008, It is worth it to me to go into another program then to be back in that program with that teacher, what makes me crazy about it tho is that all through the first semester they etch into your brain, do not judge people, keep your opinions to yourself, validate everyones feelings etc. Some instructors just do not practice what they preach! Who wants to learn from some one like that! As far as the instructor smacking that student, that person would be weraing cement shoes at the bottom of the ocean lol

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There are lame students who always blame instructors for everything, and there are instructors who abuse their power and authority. I think a lot of us have seen them. I put up with a lot of crap to graduate and I'm sure a lot of other people have also.

But, if it had gotten to the point that they actually had failed me without cause (which, fortunately, didn't happen) ... I wouldn't have hestitated to sue them.

I've been to court enough times to know that if you don't have a case and you can't prove it ... you're not going to prevail. Judges hear a lot of crap every day and most (although certainly not all) of them are pretty good at filtering out the bad cases.

But, if you do have a good case, I don't think it's necessarily a bad thing to make a school follow their own policies and procedures, which are there to prevent abuse.

:typing

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Specializes in Home Health Care.
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!

Still among us as of now, (I assume d/t the severe instructor shortage.) The incident happened a couple weeks ago.

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Still among us as of now, (I assume d/t the severe instructor shortage.) The incident happened a couple weeks ago.

This was before I got to NS but, an instructor was fired for hitting a student in our program.

:typing

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This was before I got to NS but, an instructor was fired for hitting a student in our program.

:typing

Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset:devil:

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Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset:devil:

Well ... I certainly wouldn't sue an instructor over that. Look: I can put up with a lot of crap and I did play the game: whatever it takes to get through it.

But I have no doubt that there are some cases where students do everything they're asked to do in clinical or whatever the student gets failed anyway.

And, if that's the case ... and you're going to take away my livelihood just because you feel like being a jerk for no particular reason then, I am going prove my case and I am going to sue you.

At that point, it would be ridiculous not to fight back, IMO.

:typing

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Actually being hit by an instrucor would be assault, but your right some instructors are just not too nice and my instructor actually said to the class to the people who did not do well on their FON final (nobody failed, thank god I was in the high 80's) as we were going through the Q&A on some of the answers she would say "if you got this wrong then you are not deserving to be in this program" I wanted to get up and smack her into next week, even tho I did well, the other students who did not were extremely upset:devil:

actually it is battery, as some one on this site so politely corrected me a little while ago....lol

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Specializes in Trauma.

Hmmm...

I know you're upset, but it really does sound like something frivolous. My brother is an attorney and he said in MOST cases, a verbal is as good as a written. Sooo, just because there is no "paper trail", doesn't mean it didn't happen. What about going to the dean and discussing things first with her/him and seeing if they can do anything before you file a lawsuit?

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My brother is an attorney and he said in MOST cases, a verbal is as good as a written.

Technically, that's true but, unless you have a witness who's willing to testify or a tape recording verifying the conversation, then it's your word against theirs and the court isn't going to give you much unless you have some other proof. Tape recording and, of course, documentation is best because witnesses can crap out on you.

:typing

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