Should I consult an attorney about the problems I had with a clinical instructor?
Monday November 10, 2008
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I am an LVN in an RN program at a junior college. I have a clinical instructor who was giving exorbitant amount of work, and it grossly interfered with lecture class. After a while, I was able to do well on my class lecture exams.
However, this instructor became verbally abusive in clinicals — so abusive and loud that all the nurses and doctors on the floor would just stare at her in disbelief. If she did not like something I did, she would scream loudly and embarrass and humiliate me. It became so bad that I began to be nervous about everything. When she was around, I felt sick and light-headed.
I tried to speak with her about it, but she said that she did not care. My performance began to suffer, and I tried to speak with her again, but she only became more belligerent. Finally, I became a mess in clinicals. I couldn’t function. I told her that I could not go forward. I could not concentrate, and I no longer had any confidence in my performance. I went from hanging piggy backs on my own to not being able to set a IV pump in front of this instructor. Her behavior was so bad and dehumanizing that I was forced to drop the clinical course.
As far as I know, many, many students have reported this instructor over the years. I reported her, too, but no one seems to do anything about it. I have to repeat my third semester because of this. When I attempted to reapply to the program, they have given me clinical hours from afternoon till 11:45 p.m. I tried to explain to them that I could not do this clinical because I have no supervision for my children at night. Should I consult an attorney?
Veronica
The best approach in this type of situation is to consult with a nurse attorney or attorney who works with students in the area of education law (post secondary education). In the academic setting, personality issues may arise. You indicated that other students have complained about this clinical instructor as well but nothing was done.
One of the first general questions raised by the situation you describe in your question is where the complaints were taken. Did you, and the other students, follow the student handbook policy spelling out where students could take such concerns? Did you or your fellow students receive any response or were all your concerns simply ignored? These issues would be important to discuss with your attorney.
The attorney will also discuss with you other issues relevant to this situation. For example, was the clinical rotation assigned to you after you re-entered the program the only one available for the course you are currently taking? Unfortunately, clinical rotations are limited and scarce with the number of nursing programs attempting to set up clinicals for their students. If, however, there are others available, your attorney may be able to determine why this was the one assigned to you and perhaps have it changed to a more suitable one based on your home situation.
Students in post-secondary educational programs, including nursing students, have sued nursing education programs and faculty for adverse decisions made about the student in the areas of grading, graduation from the program, and promotion to the next semester/level in the program, as examples. Additionally, students have sued based on a lack of due process (state programs) or a breach of contract (e.g., the student handbook) for various difficulties encountered in a nursing program. Your attorney can help you determine if your situation is one that supports a lawsuit or some other redress.
Sincerely,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
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