Potential lawsuit against NBME

[stifler88]

Hi All,

First time poster and I hope everyone is doing great.

Long story short, a significant number of my med school classmates and I had trouble with the poor testing environment for our Step 1 examination.

I have talked to some friends and people in the legal field and they suggested I ask around on here if other people have had issues with the administration of their USMLE exams. There have been a significant number of people at my med school who have had issues. We would have greater legal standing if we get as many people as possible. If you've had this issue or have any questions, please get in touch with me through private message.

Thanks for your time and happy holidays!

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[stifler88]

Please PM me @haihai4. There is very little accountability for NBME. This is my friend and she had to sue them to be treated fairly and she won:

EDIT: It won't let me put in a URL, but Google dismal test conditions cause aspiring doctor to fail test by 1 point on CBS local Chicago

Also, you can remain anonymous in a lawsuit (Jane or John Doe).

If you do pursue legal action, would be interested in supporting you. My test center AC broke down during step 1 and I almost fainted because of the heat (and I generally prefer to be hot rather than cold). Was literally throwing up during break time and almost threw up on my computer because the heat made me so nauseous. Prometric installed fans that caused so much disruption (they chatted in the testing room constantly for a few hours then told us we could leave the room if we felt sick saying our testing time would be readjusted to accommodate, but turned out that literally no, the exam time was the same). I wasn't able to get to like 30 or so questions. Prometric told me I couldn't void my exam and had to finish it and submit a complaint to NBME. NBME denied my request to void the exam and I was stuck with a mediocre score after studying my ass off and meeting all my pre-exam score milestones that I set for myself. Affected my entire application cycle (have extremely strong app except for Step 1). It's absolutely insane that NBME/prometric get away with this crap-it's a total abuse of power and alters entire careers. Other test takers were super upset about it too and complaining but their exam time was like 1.5 hours so they didn't have to endure this ridiculousness for 8 hours. Literally the only thing prometric and NBME need to do is provide proper testing conditions so that examinees can perform to the best of their abilities. Not do weird simulations where examinees feel like they are in the sahara desert on the verge of death.

 

[JamesPotterMS-3]

LOL
I laughed so hard reading this.
Firstly, your beef is with prometric, not the NBME. The fact that you are getting the NBME involved basically means you are bitter about your score and are looking for a chance to re-do your test.
Second, I HIGHLY doubt a noise issue would drop your score 40 points. I understand getting 2 or 3 questions wrong that maybe required an intense level of concentration but a 40 point drop in scores means you were likely less prepared for the exam than you initially thought. I'm sorry. I know that sounds harsh and "mean" but it's the truth.
Lastly, even if you do not pursue legal action, if your dean knows about this and isn't sympathetic, this could very well appear on your dean's letter in which case you have already shot yourself in the foot.

 

[haihai4]

Please PM me @haihai4. There is very little accountability for NBME. This is my friend and she had to sue them to be treated fairly and she won:

EDIT: It won't let me put in a URL, but Google dismal test conditions cause aspiring doctor to fail test by 1 point on CBS local Chicago

Also, you can remain anonymous in a lawsuit (Jane or John Doe).

holy crap that's awful. It helped that my deans supported me in the dean's letter (they had appealed NBME and prometric within 30 mins of me exiting the test center).

 

[Lnsean]

so this is what we do now? We don't like our score so we find ways to sue...like for anything that we can think of. Why didn't you bring your own headphones? This is so laughable.

 

[zero0]

Note to self, bring ear buds

 

[rilte4]

Note to self, bring ear buds

Def made a "Day of Step 1" doc after reading this thread, and earplugs are first on the list

 

[jw3600]

Note to self, bring ear buds

Ear plugs god damn it. Words have meaning people. You’re gonna be doctors.

 

[username456789]

Note to self, bring ear buds

Ear buds are absolutely not allowed.

 

[arcus]

so this is what we do now? We don't like our score so we find ways to sue...like for anything that we can think of. Why didn't you bring your own headphones? This is so laughable.

Attorneys get painted all the time as legals professionals chomping at the bit to sue anyone waiting with baited breath for someone, anyone, to summon them

Here is the thing: attorneys require a retainer fee, usually $10k, which gets eaten up with just a few emails, docs and phone calls made on client’s behalf....until they are ready to demand another retainer fee, usually higher than the first one, in 1-2 months. They live to bill. They arent interested in your drama, They just want your money.

Attorneys seldom work on contingency fee basis unless if you are litigating a medmal case where defendant is sure to lose. Then they will litigate and they get the lions share of financial damages. Plaintiff gets a small fraction

IOW, roll your eyes when people start saber rattling about litigating. They are full of caca

If you Got a problem during your Step 1 testing experience, terminate it, write NBME, explain your reasons. end of story. See multiple links above already provided

Proctors at Prometric Centers dont force anyone to show up, nor do they hold a gun to your head to finish the exam. All they care about is making sure you enter the testing room with no illegal items. If you decide to not finish your exam because x, y and z, they really couldnt care less. That is on you

Stop scaring future Step 1 test takers with the fear mongering comments. Step 1 is hard enough without spreading so much disinformation

 

[zero0]

Ear plugs god damn it. Words have meaning people. You’re gonna be doctors.

Not sure what crawled up your ass and died but I hope it gets removed promptly.

 

[Gastrapathy]

I wish I'd known I could sue. I can't remember now which step it was but a marching band (really) spent an hour practicing just outside the window of the center on the street. There were ~10 of them and they were not good.

 

[username456789]

Not sure what crawled up your ass and died but I hope it gets removed promptly.

You were like the 5th person on this thread to admit you didn’t know the difference beteeen ear plugs and ear buds, and it’s been explained several times already. Hence the annoyance and his frustration.

 

[haihai4]

Proctors at Prometric Centers dont force anyone to show up, nor do they hold a gun to your head to finish the exam. All they care about is making sure you enter the testing room with no illegal items. If you decide to not finish your exam because x, y and z, they really couldnt care less. That is on you

Step 1 is hard enough without spreading so much disinformation

Not sure if this was directed towards me...It's different when you are evacuated from the testing room and the test times out-that's 100% not on me. It's highly inappropriate for you to suggest that. Additionally, nothing I posted is inaccurate.

That being said, everyone should read the NBME guidelines about test day and voiding your exam. Always good to be informed if anything weird does happen. Do not listen to your proctors-if they tell you that you HAVE to finish the exam under improper conditions-don't. My proctors told me that I could not void under any condition and I HAD to sit through the AC issues even when I said that's not what the NBME guidelines said and it was BS. They don't have any authority when it comes to that.

 

[akinetopsia]

Should I bring ear buds?

Should I bring ear plugs?

Should I bring ear monitors?

Should I wear one behind-the-ear earpiece like Secret Service wears?

I'm so confused.

(Just kidding, I already took Step 1, and from chatting with other people there, a few people were sitting for their PMP, a few were taking the second day of Step 3, etc, and there was one really loud clickety-clackety typist that was going HAM during my test but it didn't bother me).

 

[stifler88]

Mods, can you please move this thread to the USMLE and Comlex forum? Thank you!

 

[Menander's Bust]

I’ve never done an NBME with audio where the audio was needed to answer the question.

 

[medgunner888]

For your sake and for every med student's sake, please SUE the NBME! You could make millions in the process, and not even have to go to medicine altogether LMFAO. If money is a problem, just find an attorney that will work pro bono (eg family or friend or something).

 

[huskygirl123]

Does anyone on this forum know how I can appeal my accommodations denial request? I've been a longtime sufferer of ADHD and Dyslexia, and the only way for me to have equitable access to the exam is to be able to slow down and read stuff twice (if not more). I did not apply for accommodations for the MCAT in fear of discrimination, but now I'm regretting that... I was told that appeals are denied 99% of the time unless you have additional documentation and I already sent them the most complete application I could have the first time in order to put my best foot forward. Is there a way to get a lawyer involved without filing a legal suit?
Thank you for any advice you can share!

 

[stifler88]

Sorry to hear this. Can you ask your school for help? I'm sure they'd be able to help or refer you to resources. A lot of schools have an in house legal team that helps faculty, employees, and students for free so I'd look into that. I think your particular situation would be covered under ADA.

Does anyone on this forum know how I can appeal my accommodations denial request? I've been a longtime sufferer of ADHD and Dyslexia, and the only way for me to have equitable access to the exam is to be able to slow down and read stuff twice (if not more). I did not apply for accommodations for the MCAT in fear of discrimination, but now I'm regretting that... I was told that appeals are denied 99% of the time unless you have additional documentation and I already sent them the most complete application I could have the first time in order to put my best foot forward. Is there a way to get a lawyer involved without filing a legal suit?
Thank you for any advice you can share!

 

[huskygirl123]

Sorry to hear this. Can you ask your school for help? I'm sure they'd be able to help or refer you to resources. A lot of schools have an in house legal team that helps faculty, employees, and students for free so I'd look into that. I think your particular situation would be covered under ADA.

They told me they will give me a letter to appeal but that it is very unlikely

 

[stifler88]

I would get in touch with the legal services department at your school. If you don't have that, then I'd consider asking around for legal representation...I think you can get a free initial consult and can decide from there. You can also file suit and be anonymous so that your name can't be Googled and tracked to your case. I hope this helps

They told me they will give me a letter to appeal but that it is very unlikely

 

[valleyrekt]

Hi All,

First time poster and I hope everyone is doing great.

Long story short, a significant number of my med school classmates and I had trouble with the poor testing environment for our Step 1 examination.

I have talked to some friends and people in the legal field and they suggested I ask around on here if other people have had issues with the administration of their USMLE exams. There have been a significant number of people at my med school who have had issues. We would have greater legal standing if we get as many people as possible. If you've had this issue or have any questions, please get in touch with me through private message.

Thanks for your time and happy holidays!

They should be sued over Step 2 CS. True crime right there.

 

[1badvette]

Step 1 - I had a building 15 feet away from my window getting built from the ground up . Step 2 - The sidewalk around the whole building was getting re done, jack hammers and 30+ man crew with sledge hammers and heavy equipment . The computer screen was vibrating from the shock at some point during the exam .. I didn't fail any of the exams, and ended up scoring well, but still lower than my avg practice exam taken at home and the school administrated NBME comp exams . I used both my own swimming type ear plugs and the supplied headphone by the testing center to try and make it more tolerable . I actually took pics of it and recorded a video as evidenced after my CK, just incase i end up failing the exam lol

 

[huskygirl123]

Step 1 - I had a building 15 feet away from my window getting built from the ground up . Step 2 - The sidewalk around the whole building was getting re done, jack hammers and 30+ man crew with sledge hammers and heavy equipment . The computer screen was vibrating from the shock at some point during the exam .. I didn't fail any of the exams, and ended up scoring well, but still lower than my avg practice exam taken at home and the school administrated NBME comp exams . I used both my own swimming type ear plugs and the supplied headphone by the testing center to try and make it more tolerable . I actually took pics of it and recorded a video as evidenced after my CK, just incase i end up failing the exam lol

Do you have attention deficit dz though? If my dog barks I'm out of focus, can't imagine a jack hammer on the sidewalk

 

[1badvette]

Do you have attention deficit dz though? If my dog barks I'm out of focus, can't imagine a jack hammer on the sidewalk

Ohh Yeah , I'm as ADD as they get . lol

 

[Isoval]

Am I the only person on this planet that prefers to hear the white noise of my surroundings?

I’ll just...I’ll just go stand over here...

 

[pediadocto]

Am I the only person on this planet that prefers to hear the white noise of my surroundings?

I’ll just...I’ll just go stand over here...

I have mild to moderate hearing loss and i enjoy those moments where i cant hear some people when I study without my HA.

you might be the only one i guess?