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I have a friend in her mid-20's who teaches developmental classes at a nearby university. She has been battling cancer for a while and has gone through several rounds of chemo. Obviously she's doing okay if she's able to be in a classroom, but with the chemo her immune system is currently somewhat compromised. The situation I'm asking about is this. One of her students brought her daughter to class. About halfway through class, she tells the room that the daughter is there because her school (or daycare, not clear on that) believed she had a contagious illness (either chicken pox or measles, not clear on that either). Dr. Mom, however, didn't believe anything was wrong with little Typhoid Mary and brought her to class. Today I heard my friend was in the hospital with whichever contagious illness it was. Is there any legal action that can be taken against the mother (paying medical bills or the like) since she knowingly brought the sick child into the classroom? Just curious.

2007-02-24 13:12:19 · 5 answers · asked by ckmclements 4 in Politics & Government Law & Ethics

I don't know if she had mentioned her condition to her students or not. She tends to be a fairly private person; and being weakened by the cancer and chemo, to be honest, pissed her off royally. She never liked to admit that she was having a bad day or needed help sometimes (she didn't want ANYONE feeling sorry for her), so it's unlikely she told a group of strangers.

2007-02-24 13:22:20 · update #1

I keep getting answers and adding details. It never crossed my mind that she should sue, but a 3rd friend brought it up in a conversation today, and I had no idea if the notion had merit or not.

2007-02-24 13:24:44 · update #2

5 answers

I'd like to be wrong for your friend's sake, but I think it'd be a real stretch to get compensation from the woman who brought her infectious daughter to class. I'm imagining that the argument would be that since your friend was "well" enough to go to work, that she accepted whatever her working conditions were. (A student of hers could also have had a cold which could've been equally disastrous for your friend.)
That said, I'd still explore the possibilities for some sort of settlement. Is there a legal aid office near you where you could get some free advice?
I have several close friends who have gone the chemo route. They practically isolated themselves for the duration, but I realize that this is not always possible.
Hope your friend recovers soon!

2007-02-24 13:29:03 · answer #1 · answered by pat z 7 · 1 1

She can talk to some lawyers or something but I don't think she'd have much of a chance. She willingly exposes herself to all kinds of germs everytime she leaves her home and takes her chances just as we all do. It is a shaneful thing to our country that a person can't be sick or have a sick child and be able to take the time necessary to get well without fear of losing everything in the process. It has been 12 years for me and we still have not recovered financially. Good luck to her and the mother of the child.

2007-02-24 21:53:16 · answer #2 · answered by GRANNY12GR1 4 · 0 0

It's really sad that someone would be that inconsiderate but it's equally sad that so many people think they should sue at the drop of a hat. Sure it may have had something to do with her being back in the hospital but suing her will not change anything. I'm sure she didn't do it intentionally to harm the teacher. Just a stupid choice.

2007-02-24 21:22:45 · answer #3 · answered by Anonymous · 1 0

Thats an interesting idea, but proving it was little Typhoid Mary that caused your friends illness is really next to impossible.

2007-02-24 21:15:47 · answer #4 · answered by meathookcook 6 · 0 0

I don't know for a fact but I would think so. Geez, I would HOPE so! If she knew the teacher's condition before hand, I seriously think your friend has a case!

2007-02-24 21:15:52 · answer #5 · answered by ... 2 · 1 0

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