Former nursing student sues NIC

COEUR d'ALENE — A former nursing student at North Idaho College is suing the school for damages associated with her claims she was wrongfully dismissed from the program.

Jessica Dekelaita, of Coeur d'Alene, is seeking an undisclosed amount of money from NIC in the case, which was filed in Kootenai County District Court on April 5. According to court documents, Dekelaita "has suffered and continue(s) to suffer significant monetary damages" since being removed from the nursing program in 2012, shortly after she was required to sign a performance improvement contract.

"We met with NIC a few times a while ago and couldn't come to a resolution," said James McMillan, a Wallace-based attorney representing Dekelaita. "This was our next step."

Dekelaita began the nursing program in January of 2012 and, according to court documents, received satisfactory reviews until March of the same year. However, according to the documents, an incident occurred while Dekelaita was doing her preceptorship — a period of hands-on, practical training for medical students — at Kootenai Health and one of her patients required immediate resuscitation.

"Jessica denied noticing the commotion in the hallway or outside her patient's room," Dekelaita's performance improvement contract, which was attached to the complaint, states. "Instead she stated 'Well I haven't been in there in two hours.' Jessica failed to notice this as an ethical or legal dilemma."

When Dekelaita met with her instructor at the end of her shift, the contract states she was unable to keep her originally assigned patient because a student from another school had taken over for her. Her instructor, the document adds, was not notified of the change "in a timely manner."

The contract goes on to state that, after further discussion with her instructor, it was concluded that Dekelaita "did not follow the medication policy."

Dekelaita was given a series of requirements in the contract to improve her performance. In addition to the requirements, the contract notes that any behavior that deviated from the stipulations would result in an evaluation conference which would determine whether Dekelaita would continue or be dismissed from the program.

In the civil complaint, McMillan asserts his client did not violate the medication policy or any terms of the contract. But, after an evaluation hearing later in March, Dekelaita was dismissed from the program for displaying "any behavior that could result in harm (real or potential) to a client."

The complaint alleges NIC breached its contract with Dekelaita and violated the terms of its dismissal policy when it removed the nursing student from the program. McMillan wrote that his client is seeking compensatory, general and other damages in the suit.

NIC spokesman Tom Greene told The Press the college does not comment on pending litigation. No hearings had been scheduled in the case as of press time.