title: Legal implications of academic dismissal and educational malpractice for nursing faculty.
abstract: Recent legal decisions affect nursing education not only in the area of academic dismissal but also in the area of educational malpractice. Nursing faculty may be caught in an interesting "catch-22" phenomenon. There exists a possibility where an educator may be sued for both failing, and not failing, a student. An incompetent graduate may sue for inadequate education, and a dismissed student may sue the faculty member for failing to treat the student in a logical and reasonable manner. Although courts have recognized that faculty members are uniquely qualified to observe and judge all aspects of their students' academic performance, nursing instructors have a double responsibility; one to the client and the other to the student. Clinical nursing faculties must meet a standard of care with respect to the client and a standard of conduct with respect to the student.
authors.forename: J
authors.initials: J
authors.lastname: Goclowski
mesh_terms: D002961:Civil Rights / Q000331:legislation & jurisprudence*; D004506:Education, Nursing / Q000592:standards; D005181:Faculty, Nursing / Q000592:standards*; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D013338:Students, Nursing; D014481:United States