Physical education teacher is being sued?

Question

This physical education teacher at my high school believed that one of his student was a drug abuser. He had noticed the needle marks on the student's arms and has been acting erratically in recent weeks. The teacher reported this to the principal, who in turn notified the student's parents.
It has turned out that the student was a diabetic. The needle marks were from his insulin injections and the erratic behavior was the result in a recent change in his insulin dosage.
The student and his parents sued the teacher and the school for defamation of character.

Is there any way for the teacher to defend himself from the law suit?

This is in New York.

Answer 1

Wouldn't it be a great world if teachers gave a damn -- oh wait this teacher did and they end up getting sued.

I think this is ridiculous and I think the parents should me slapped because if any person in that school should have been kept up to date on the childs medical status it should have been the PE TEACHER! The parents were negligient in not telling the PE teacher that child was diabetic - what if he had an insulin reaction in class? Erratic behavior is an indication there is an issue with the blood sugars and insulin dose - why weren't the parents concerned about that?

Pathetic -- our world sues people who care for their children.

Answer 2

You would think that there would be no reason for a teacher have to defend themselves in a civil suit when the show that they care about the students. A teacher is supposed to care about the children's well being. Sort of how a teacher is required by law to report signs of child abuse if the teacher notices.

I don't know all the details of what happened, like if the teacher ran around telling everyone that the kid was a doper or if he simply was discreet about it to his supervisors, but to me this is just another one of those lawsuits that should be thrown out before the papers even hit the courts.

People with diabetes do not have to take thier injections in thier arms where they leave the "track" marks. Maybe the parents should have taught the kid to give himself the injections in a not so noticable spot on the body to prevent this. Maybe that would be a help on the defense of the teacher.

It just kinda sucks that teachers now can't speak thier mind when one of thier own students might be in trouble with drugs. Obviously if a kid is on drugs, then the parents don't know about it or don't care, and so the kid does need someone like a teacher to step in and try to intervene while there is a chance before the kid ruins his or her life.

We really need to stop these kinds of b.s. lawsuits. Good luck to teacher/mentor from your community.

Answer 3

The teacher did what they thought was the right thing and should not be sued.They were just looking out for the welfare of the student.It is a shame that our country has become so sue happy,that even if you do something you think is helping someone,you can lose everything you own.
By the way,insulin injections are given in the upper arm,thighs or stomach.The needle is so small,it should not be leaving a mark.It is never given into the veins of the arms,so if the teacher saw marks in that area,there is something else going on with this kid.

Answer 4

This is another reason to Never enter the Teaching Profession ! What targets Teachers have become, sure maybe he should have known about any student in his cares given condition, maybe if the student had been female this would open him up to other misconduct allogations, either way teachers can't win. I'ts a sad reflection on society when someone in a trusted position of authority is powerless to act out of concern for the student, for fear of being sued. Is that the same as being sued for incorrectly providing First Aid, do you have "the good samaritan act" there ? As far as deformation is concerned thats ridiculous, the Teacher has a duty of care to act and to pass on all concerns and information to the next in line (Superiors). My guess is thats what happened, he certainly wouldn't have been hinting that to other students or making wild accusations about the student. If he didn't act and his suspicions were tragically proved to be true than obviously his breached he's duty of care! Under the "child protection act" it is a criminal offence for someone in a position of authority to not pass on concerns as to (for example) the abuse or neglect of any child. Can't have it both ways, find a good lawyer, but really on grounds of best intent, duty of care, and no malicious aggrevation its a no brainer and sure winner !

Answer 5

he was right for reporting it showed he was concerned about his student. all the teacher should do is apologies for the mistake and move on. i mean what would have happened if he was and he didn't say anything are they gonna sue for him not saying anything.
the teacher was right he should say I'm sorry i was just concerned for my students and i wanted to help him.
but yeah he's gonna need a lawyer. a lawyer will help him i hope the teacher wins or the lawsuit gets dismissed

Answer 6

If the teacher went around telling everybody in sight that the student was a drug abuser then that can harm the kid's reputation.

Answer 7

Another example of how our society works. If you do the job you are supposed to do and mind your own business.. you are a terrible person for not intervening if/when there is a problem. If you DO say something about it.. when you think there is a problem, you get in trouble for that. You can't win. It is a right shame for the teacher to get in trouble for doing what they are supposed to do.

Answer 8

Have him get a lawyer.
I figure a typical sue happy parents.
He most likely did what he was train to do.

I think I would just sue the parents for mental distress they cause the teacher who was doing the right thing.