I am a nursing student and recently fell and had a concussion.
My nursing school required me to get a physician’s clearance in order to return to school, which I provided.
After that they required that they speak directly to the provider, so I signed the paperwork and they did.
My doctor had given me a full release, but referred me to another provider for tingling in my hands, which he stated “does not affect _______’s ability to perform any tasks”.
After speaking with my provider, they allowed me to return to clinical and class, which I have. Now, I am getting ready to start my next class, and they want to have the specialist sign a medical release or they will not allow me to continue with the program.
The problem is I don’t have an appointment until after the class’s start date.
Is it legal for them to continue to require releases after my doctor has given me a full medical release? How does the fact that they have already allowed me to go back to class and clinical play into this? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
It’s not a case of whether it’s “legal” or not. That would imply somehow the school was committing a crime. Instead it may be a mater of whether the school is in breach of its contract with you. When you applied to the nursing program and were accepted you either signed or were given some paperwork related to your admission.
Look in that paperwork and see if you can find any language which discusses the rules or regulations related to injuries. It should also state the school’s discretion or permission to withhold a student from continuing, until such time as they are satisfied with the student’s medical condition and receive a release from the doctor to support that fact.
Once you read the documents you may find the school has the power to hold you back.
In the alternative, if you don’t find any language which addresses the issue, speak directly with someone in the admissions department. Tell them you feel perfectly healthy and ready to resume your education. (That of course presumes you are healthy and recovered from your injury).
The school is probably being strict with you as a matter of precaution. They don’t want to be liable if you aggravate the injury, or if somehow your diminished capacity might adversely affect others.
At long last, the old expression may apply here. That is “You can’t fight City Hall”. In other words you can demand they allow you to continue to matriculate, but if they don’t your only option may be to file a lawsuit. That may be something you don’t have the stomach or finances for.
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The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck!
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