Legal Issues Related to Dismissing Students for Clinical Deficiencies

Exploring the Issue of Failure to Fail in a Nursing Program

“…It is within this context that preceptors and faculty advisors have an academic, legal, and professional responsibility to teach, supervise, and evaluate students' clinical performance to ensure that the graduates are competent and practice safely (Boley & Whitney, 2003;Johnson & Halstead, 2005;Smith, McKoy, & Richardson, 2001;Tanicala, Scheffer, & Roberts, 2011). Part of the responsibility includes assigning failing grades to students who display incompetent or unsafe practice.…”

“…These include reticence on the part of clinical instructors to identify or resolve the student problems early enough in clinical placement (Duffy, 2004;Luhanga et al, 2008); lack of preparation or confidence in the evaluation role (Bogo et al, 2007;Duffy, 2004;Heaslip & Scammell, 2012;Jervis & Tilki, 2011;Luhanga et al, 2008;Scanlan et al, 2001); the threat of the university's appeal system (Duffy, 2004;Dudek, Marks, & Regehr, 2005;Gainsbury, 2010;Jervis & Tilki, 2011;Luhanga et al, 2008); fear of potential legal implications (Boley & Whitney, 2003;Dudek et al, 2005;Raths & Lyman, 2003;Smith et al, 2001); time required (Diekelmann & McGregor, 2003;Dudek et al, 2005;Duffy, 2004;Gainsbury, 2010;Scholes & Albarran, 2005); a view of failing as uncaring (Scanlan et al, 2001;Luhanga et al, 2008); perceived pressure from educational institutions to pass students for reasons of finances and reputation (Gainsbury, 2010;Hawe, 2003;Jervis & Tilki, 2011); lack of documentation (Dudek et al, 2005;Duffy, 2004;Luhanga et al, 2008;Cleland, Knight, Rees, Tracey, & Bond, 2008); belief that student failure reflects a teaching failure (Hawe, 2003;Jervis & Tilki, 2011;Luhanga et al, 2008); a view that failing a student at the end of the program is unfair because of the significant personal cost to the student …”

“…The profession is accountable to society, and by inference, nursing faculty and preceptors are also morally and ethically accountable to the profession (Luhanga et al, 2008;Luhanga, Myrick, & Yonge, 2010). Furthermore, there may also be legal implications and consequences (Boley & Whitney, 2003;Smith et al, 2001;Johnson & Halstead, 2005;Redmond & Bright, 2007;Parker, 2010). Faculty can be sued for either failing or passing an unsafe or incompetent student (Chasens, DePew, Goudreau, & Pierce, 2000;Osinski, 2003;Smith et al, 2001).…”

“…Furthermore, there may also be legal implications and consequences (Boley & Whitney, 2003;Smith et al, 2001;Johnson & Halstead, 2005;Redmond & Bright, 2007;Parker, 2010). Faculty can be sued for either failing or passing an unsafe or incompetent student (Chasens, DePew, Goudreau, & Pierce, 2000;Osinski, 2003;Smith et al, 2001). As gatekeepers to their professions, preceptors and faculty have a duty to ensure that only students with appropriate knowledge, skills, and values necessary to serve clients are admitted to professional practice, thereby protecting society from incompetent or unsafe practitioners (Hrobsky & Kersbergen, 2002;Hunt et al, 2012;Tanicala et al, 2011;Redmond & Bright, 2007).…”

The Role of Radiographer on the Use of Informed Consent

“…Medical consent is a form of consent which must be obtained before performing medical procedure (Smith, 2003). Informing patients involves making sure that a patient understands why a procedure is being recommended, which alternatives are available, what will happen if the procedure is not performed, how the procedure will be done, and what the risks and benefits of the procedure are [1]. Informed consent is not simply a question of obtaining a signature form from a patient; it is a voluntary agreement of a mentally capacitated person, base on necessary information to what is being proposed and preceded by a clear explanation to the patient.…”