Nursing student who failed class twice sues

[The Captain]

Seriously?!?

finance.yahoo.com/news/nursing-student-failed-class-twice-170604362.html

"Burbella says the lack of help caused her to break down crying.

She says the Catholic university near Wilkes-Barre gave another disabled student better accommodations and that her treatment violated a federal disability discrimination law.

The Citizens' Voice reports (http://bit.ly/1QFHxSC) the Stroudsburg woman is seeking more than $75,000 in damages."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ADA gone too far again.  I guess if you can't hack college now you don't have to actually earn the grade in order to pass and you can sue while failing as well cause it's all someone elses' fault.

Sorry, some people are not cut out for college or some professions, and using ADA as a shield to hide behind is just plain bullshit.

[Bluerobin]

What an idiot!  Stupid is as stupid does.  If she can't handle the stress of a test, she can't handle the daily stress of nursing. 

[billisonboard]

May 12, 2015 14:14:59 GMT -5 The Captain said:

...

ADA gone too far again. ...

If she wins the court case then I would say that a judge/jury went too far.

[billisonboard]

The story reminded me of a sad situation I witnessed. I worked in the Dean of Students Office when in college and a gal, appeared to be a little older than a 'tradition aged' student, came in crying. She had received a "C" in a class that she needed a "B" in to qualify for a nursing program. She had met with the professor asking him to drop the grade to a "D" which would allow her, under university policy, to retake the class. The professor refused. The Dean had to tell her there was nothing he could do. IM(not so)HO, the professor was an ass.

[NancysSummerSip]

This is one nurse I would not want in an ER situation for sure. Can you imagine her under that kind of stress when a mere test broke her resolve?

[The Captain]

May 12, 2015 14:31:30 GMT -5 billisonboard said:

The story reminded me of a sad situation I witnessed. I worked in the Dean of Students Office when in college and a gal, appeared to be a little older than a 'tradition aged' student, came in crying. She had received a "C" in a class that she needed a "B" in to qualify for a nursing program. She had met with the professor asking him to drop the grade to a "D" which would allow her, under university policy, to retake the class. The professor refused. The Dean had to tell her there was nothing he could do. IM(not so)HO, the professor was an ass.

The professor quite likely may have saved someone's life.

Certain programs are designed to weed out the lower performing students on purpose.  When people's lives are at stake most would understand why.

Would you want the C student or the one who can't handle stress checking your IV dosage when your life depends on it?

I know I wouldn't.

[billisonboard]

May 12, 2015 14:41:45 GMT -5 The Captain said:

May 12, 2015 14:31:30 GMT -5 billisonboard said:

The story reminded me of a sad situation I witnessed. I worked in the Dean of Students Office when in college and a gal, appeared to be a little older than a 'tradition aged' student, came in crying. She had received a "C" in a class that she needed a "B" in to qualify for a nursing program. She had met with the professor asking him to drop the grade to a "D" which would allow her, under university policy, to retake the class. The professor refused. The Dean had to tell her there was nothing he could do. IM(not so)HO, the professor was an ass.

The professor quite likely may have saved someone's life.

Certain programs are designed to weed out the lower performing students on purpose.  When people's lives are at stake most would understand why.

Would you want the C student or the one who can't handle stress checking your IV dosage when your life depends on it?

I know I wouldn't.

I would have no problem with an individual who worked hard enough to get the "B" the second time (if she could do so) being my nurse.

[Wisconsin Beth]

May 12, 2015 14:46:06 GMT -5 billisonboard said:

May 12, 2015 14:41:45 GMT -5 The Captain said:

The professor quite likely may have saved someone's life.

Certain programs are designed to weed out the lower performing students on purpose.  When people's lives are at stake most would understand why.

Would you want the C student or the one who can't handle stress checking your IV dosage when your life depends on it?

I know I wouldn't.

I would have no problem with an individual who worked hard enough to get the "B" the second time (if she could do so) being my nurse.

And it's not like we're checking the grades of the nursing staff before they do nursing stuff though.  I mean, I'm having surgery in 2 days and I'm not planning on asking about the staff's grades.  We just assume that they're competent and trained. 

[thyme4change]

I doubt this gal would go into ER nursing. She could be the gal that asks the basic information at the GP's office. No one will die.

Some nursing jobs are not stressful. Some are amazingly stressful. And a bunch are in between the two.

That said - I hope she loses the case.

[kittensaver]

Once again (sadly), here is someone not clear on the concept. The ADA is not a "free pass" for anyone. Whatever it is you are attempting to do (access school, employment, public accommodations), ADA gives you the right to *ask for* [not dictate!] *reasonable accommodation* by modifying or removing a barrier (whatever it is, this is a VERY broad area) that is standing in the way of what would otherwise be within your abilities.

For example, if I get in a car accident and have to live the rest of my life in a wheelchair, my employer would be obliged under ADA to provide a reasonable accommodation for my wheelchair. That does NOT mean I can dictate to my employer what I want. I might want a new desk but if someone puts my existing desk up on blocks and my chair fits, that is the sum total of my employer's obligation. I cannot demand that my employer change or eliminate some of my duties because I'm sitting in a chair. I still have to be able to do the job. I could give thousands of examples, but it would get pretty boring.

But ADA  is most definitely NOT a law that requires schools, employers or public accommodations to change/dumb down/delete/eliminate something *essential* like passing a test in the case of a school. It may be reasonable to ask for a modification so that someone with a disability can more readily TAKE the test, but it is still on the disabled person to be able to actually PASS the test once the reasonable accommodation has been made. Big Difference.

I wouldn't want her as my nurse either!

[alabamagal]

To be a nurse you have to pass classes and then pass the licensing exam in the state.

I doubt the licensing exams would be as easy on her.

[lynnerself]

May 12, 2015 14:57:48 GMT -5 thyme4change said:

I doubt this gal would go into ER nursing. She could be the gal that asks the basic information at the GP's office. No one will die.

Some nursing jobs are not stressful. Some are amazingly stressful. And a bunch are in between the two.

That said - I hope she loses the case.

Most staff asking basic information in the GP's office these days are Medical Assistants, not nurses.

[engineerdoe]

She's complaining that the professor wouldn't take her phone call regarding questions on the exam?  That is definitely not a reasonable request.

[billisonboard]

Assuming she is not representing herself, I think an equally important issue is looking at law school graduates.

[mmhmm]

Anybody can sue for anything if an attorney can be found to press the case. I'd be doubtful this particular litigation is going to go anywhere unless there's a good deal we don't know. She's been in the nursing program since 2010, so it would appear she's had problems before. It's a difficult course of study and certainly isn't for everyone.

[Works4me]

May 12, 2015 17:36:43 GMT -5 alwaysbeoptimizing said:

What do you call the bottom graduate from medical school?

"doctor"

Proctologist?



Oops, mis-read your statement - lol.

[zibazinski]

You can't get less than an 85 in PA school. DD is stressing about it. The same DD that got an A in Genetics and an A in Organic Chem. wtf. I told her that I wouldn't want anyone who couldn't get a B+ having anything medical to do with me!!! If she can't cut it, and I know she can, then PA school is not for her. I don't expect them to lower their standards because she's freaking out on her tests.

[zibazinski]

I KNOW she can do it. I just wish she'd be less dramatic while doing it!!! She stresses and stresses and then she does just fine. I guess you need that personality to be an achiever but what a pita.

[thyme4change]

May 12, 2015 15:28:02 GMT -5 lynnerself said:

May 12, 2015 14:57:48 GMT -5 thyme4change said:

I doubt this gal would go into ER nursing. She could be the gal that asks the basic information at the GP's office. No one will die.

Some nursing jobs are not stressful. Some are amazingly stressful. And a bunch are in between the two.

That said - I hope she loses the case.

Most staff asking basic information in the GP's office these days are Medical Assistants, not nurses.

You know this gal isn't going to become an ER nurse.  If she really has that bad of anxiety, even if she did manage to get hired, she wouldn't last more than a day or two - when she was really heavily supervised.

Is there anything else you need to do to become a nurse?  Just graduate?  Or do you need to take a licensing exam?  It is very possible that even if she does graduate, the best she will be able to do is be a Medical Assistant.  Maybe she could work the midnight shift in the post-baby delivery department as a nurse's assistant.  Still under supervision, not a lot of stress, and (from what I hear) pretty boring.  

[zibazinski]

I believe they call them med techs now not nursing assistants and they do a hell of a lot of work. She needs to look into working in a different field.

[msventoux]

Can I sue NASBA or the AICPA because I failed a section of the exam one time and had to retake?  It was really cold in the testing room and my right-click finger wasn't functioning optimally because of the cold.  I saw someone else in the room with a long-sleeved sweater that covered their hands.  They probably passed. 

It was also very nerve wracking to go through the biometric ID screening and be told by the not-fluent-in-English proctor that "You ha no fingerprint!!"   And to be in the middle of the argument between her and the ancient proctor who couldn't hear very well over the improbability of someone having no fingerprints...only to have it finally determined after inking my fingers that I do really have fingerprints. And since they wanted me out of there and didn't give me a tissue to wipe the ink off my fingers I imagine there's still my fingerprints all over that testing booth for them to remember me by.

[thyme4change]

They do a hell of a lot of work - but there are plenty of nursing jobs and other medical careers where she will not have people's lives in her hands on a daily basis.  Everyone is just being so dramatic that this gal will absolutely, surely, without fail kill someone because she can't pass this test.  If anxiety from stress is really her problem, I doubt she will get to a point in her career where she will be tasked with keeping someone alive.  There are a lot of mediocre nurses out there, and they have found areas where people aren't dropping dead from their sub-par skills.

[EVT1]

May 12, 2015 15:51:14 GMT -5 billisonboard said:

Assuming she is not representing herself, I think an equally important issue is looking at law school graduates.

In undergrad I took an evidence class and everyone in it was planning on law school and this one girl had severe anxiety or something that allowed her to be excused from giving presentations, or standing and answering questions.

I could not figure out how she was going to be a lawyer if she could not handle that- or even law school because they put you on the spot on purpose and grill you.

Last I heard she got through it- lots of lawyer work out there doesn't require it.

 

[EVT1]

May 12, 2015 15:44:38 GMT -5 engineerdoe said:

She's complaining that the professor wouldn't take her phone call regarding questions on the exam?  That is definitely not a reasonable request.

Should have went to Harvard where they let the students take home the exams

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

There are a lot of mediocre nurses out there, and they have found areas where people aren't dropping dead from their sub-par skills.

But shouldn't ANY patient be able to feel they're in good hands when being treated by a nurse?

If the nurse is sub-par, as you put it - or can't handle the pressure of the job (since she can'teven handle the pressure of course exams), shouldn't the patient have the right to know that their nurse is below standards?

This girl in the OP couldn't even handle the stress of taking exams and buckled into a puddle of tears under the pressure - and now wants to sue the school for HER failing the class TWICE !

nursing student who says anxiety and depression made it difficult for her to concentrate has sued a northeastern Pennsylvania university after twice failing a required course.

Jennifer Burbella claims her Misericordia University professor didn't do enough to help her pass a class on adult health patterns

She expected the professor to help her pass?

Her admitted anxiety and depression under pressure are also red flags as to why she SHOULDN'T be a nurse.

[haapai]

FWIW, it is possible that there are only two sources for this article -- the paperwork  and the university's "We don't comment ...." response.  If you read carefully, there is no indication that the journo that churned this out actually got in contact with Ms. Burbella.  The comments that are attributed to Ms. Burbella may have come from legal documents which were either publicly available or leaked. 

Let me be clear, I don't think much of Ms. B. at this moment.  If I lived within a hundred miles of Dallas, her name would go on my "no-go" list.  I wouldn't want the person described in the article re-ordering my contact lenses and I'd avoid males with the same surname just to be on the safe side.  This article makes Ms. B. sound like a real piece of work, but the article is pretty cheap and questionable too. 

[zibazinski]

May 12, 2015 21:14:58 GMT -5 ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ said:

There are a lot of mediocre nurses out there, and they have found areas where people aren't dropping dead from their sub-par skills.

But shouldn't ANY patient be able to feel they're in good hands when being treated by a nurse?

If the nurse is sub-par, as you put it - or can't handle the pressure of the job (since she can'teven handle the pressure of course exams), shouldn't the patient have the right to know that their nurse is below standards?

This girl in the OP couldn't even handle the stress of taking exams and buckled into a puddle of tears under the pressure - and now wants to sue the school for HER failing the class TWICE !

nursing student who says anxiety and depression made it difficult for her to concentrate has sued a northeastern Pennsylvania university after twice failing a required course.

Jennifer Burbella claims her Misericordia University professor didn't do enough to help her pass a class on adult health patterns

She expected the professor to help her pass?

Her admitted anxiety and depression under pressure are also red flags as to why she SHOULDN'T be a nurse.

No shit. The last day before DH went to icu we had the nurse from hell. I've filed a complaint and the nurse manager of that floor and a case manager have helped me every step of the way. That woman should lose her license-period. Thankfully the icu team is made of stronger and smarter stuff.

[haapai]

If you briefly considered looking up the article referenced in the AP article, but decided against it, here's an unobstructed  link.  Going back to the original post, clicking on the link provided, and cleaning up the obscured link within the link will get you to the same place. 

There isn't much more to the pre-AP article than there is to the AP article mentioned in the OP.  Both pieces of journalism seem to be pretend to have spoken to the plaintiff in this civil suit while not actually saying that they did.  I'm pretty damn sure that statements attributed to the plaintiff are being lifted from legal paperwork and presented as the results of interviews. 

[thyme4change]

May 12, 2015 21:14:58 GMT -5 ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ said:

There are a lot of mediocre nurses out there, and they have found areas where people aren't dropping dead from their sub-par skills.

But shouldn't ANY patient be able to feel they're in good hands when being treated by a nurse?

If the nurse is sub-par, as you put it - or can't handle the pressure of the job (since she can'teven handle the pressure of course exams), shouldn't the patient have the right to know that their nurse is below standards?

This girl in the OP couldn't even handle the stress of taking exams and buckled into a puddle of tears under the pressure - and now wants to sue the school for HER failing the class TWICE !

nursing student who says anxiety and depression made it difficult for her to concentrate has sued a northeastern Pennsylvania university after twice failing a required course.

Jennifer Burbella claims her Misericordia University professor didn't do enough to help her pass a class on adult health patterns

She expected the professor to help her pass?

Her admitted anxiety and depression under pressure are also red flags as to why she SHOULDN'T be a nurse.

Sure, we should all have the best possible care, but guess what, on average we collectively get average care. If you think this is the only lousy nurse out there and thi s one exam proves she is worse than everyone else, you are wrong. Who knows - she might be great and loving and can stick a needle in you without you feeling it. Meanwhile, some lunatic that wants revenge on some perceived injustice passes the test and she is giving you care.

Again, I agree that she should not be passed and I hope she doesn't get to become a nurse. I am just saying that life is complicated and her competency is bigger than this one test.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

If you think this is the only lousy nurse out there and this one exam proves she is worse than everyone else, you are wrong.

I never did say that though. Or anything close to saying she's worse than anyone else.

Of course, there are crappy nurses out there. But THIS student shouldn't be given a third chance to take (and probably) fail the class again. She's already blown it twice.

By not passing her, they'd have one less lousy nurse out there instead of one more.