Could I sue my former Nursing School??

[Nurse878]

Good evening everyone,

As you can see from my headline I am looking to sue or see what I can do about a former issue with my Nursing Program.

Anyway some background information is that I started this program in 2008. I was extremely excited to make it in as it was one step closer to my dream profession. My expected graduation date was May 2010. That day could not come soon enough. I am sure you all know the stress all too well! There was an exit HESI we had to take. This was supposed to determine how well we'd do on the NCLEX. We had 3 chances to get an 850. We took this the first time in March 2010, I failed. Second time in May... I failed again by 12 points and then the 3rd time in June (after everyone graduated) and I failed by 6 points!! I passed every exam and final every semester. Passed every clinical. Did my transition to Nursing, and even did the NCLEX review course. I was very disheartened! I talked to the Dean to see if there was something I could do since I was so close but she said no because passing the HESI with an 850 was a requirement. I was told that I could reapply and take the last semester over. I had no other option. But when I went to do so I couldn't. I cried and dealt with it then got over it. I decided that I didn't want to wait 2 years to get back in. So I had the option of going to Excelsior which is an online program. That didn't work out. To make a long story short(er) I am back in Nursing School at a different program that is much further away and I am starting from the BEGINNING!! Fun huh?? I am currently in my 1st semester.

Soooo.... I find out from a semi - friend today that the 1st school I attended no longer requires you to pass the HESI. Well the HESI is the ONLY thing that held me back!! So my question is... Is there anything I can do about this??? This to me seems so unfair. I have spent so much money and have become so in debt because I want to fulfill my dream of becoming a nurse. I should have been working as a nurse for 2 years now and this was all taken away because of the HESI that is no longer required. Please someone tell me what I could or should do about this?? Thank you so much in advance!!

Lisa Buck

[llg, PhD, RN]

As far as your legal options ... you'll need to talk to an attorney about that. We are nurses here -- not experts on the law.

But why not just contact them now and see if you can negotiate something with them? They might be willing to work with you now that they no longer require the HESI. That might be the easiest thing for them to do.

I would contact an attorney and learn my options from a legal expert. Perhaps the attorney could send a letter on your behalf requesting that the school do something to help you. The attorney could negotiate on your behalf. etc.

[Ntheboat2]

I doubt you can sue, but I'm not a lawyer, and that's just my personal opinion.

You know how marijuana is legal in some states now and people who possess it and/or smoke it won't be charged? Well, all the guys who are sitting in jails and/or prisons with marijuana charges are probably highly upset right about now. They won't be released or have the charges dropped. At the time they committed their "crime" the laws were different and they broke the laws.

The way I see it is the "law" for your school at the time you were there was that you had to get an 850 on the HESI. I'm sure that requirement was public knowledge and it was enforced. You can't get justice now because the "law" changed.

Maybe that's a bad analogy, but I think the concept is the same. It's a really crappy situation and I'd be sick if that happened to me. I still don't think you have a case, but you know what you could do before jumping on the lawsuit wagon is request a meeting with the dean and just see what they say.

[Rose_Queen, BSN, MSN, RN]

More than likely, you will be held to the standards spelled out for the term you began classes. This is how my current school works- I started MSN classes in the summer, so I am held to the standards for the 2011-2012 academic year until I graduate, even though there have been changes made for the 2012-2013 academic year.

You might be able to find a lawyer to take your case, but that does not guarantee that you would win. Quite honestly (and I am not a lawyer) I don't think you have a case. At the point you were enrolled, you were required to pass the HESI with a certain score. You did not fulfill the requirements, and the school did exactly what was spelled out for them to do. Can't see how you could win against someone who clearly stated the rules and followed through.

[Ntheboat2]

So, are you a nurse? Your name suggests you are which is odd if you're not...

People actually do sue when people use the title "nurse" when they aren't one.

I dunno, but if they ever drop the college education requirement for RNs then I want back every dime I ever paid in tuition...living expenses...and pain and suffering!

[the healer's art]

That sucks. Sorry. I don't think you can sue them but you could talk to them and see if they could allow you to get your degree since that was all that was holding you back and they took away that requirement.

[TheCommuter, BSN, RN]

You are asking for legal advice, which is something that the anonymous members of Allnurses.com are not qualified to provide. Please consult with an attorney to get your questions answered. I wish you the best of luck with the situation you are in.