Lawsuit or not?

Question

Okay, I have a major issue, the other day my child fell off the monkey bars at school not only did the PE coach not call me but they didnt even help her up or look to see if she was okay, they just told her to get in line nothing was wrong with her, then she got back into the classrooma and asked three times to go to the school nurse(reming u my child hates docs) and the Kindergarten teacher told her to set down nothing was wrong with her.
So can someone give me advise and tell me if I have a lawsuite or not. Thanks for all your help!

Jessi

Oh yea, after sitting at the ER all night I found out her right arm is broken.

Lets get something straight people, my child sat throught the afternoon with a broke arm for 3 hours until I could get to her, sh eis six years old, the authorities at the school should be held acountable this has nothing to do with getting something for nothing, that is whole reason the school has insurance, and thanks for the smart a@# remarks apparently you dont have children and dont know where I am coming from.

Tell me something how come the school didnt call howcome they didnt look at her arm to clearly see the bone sticking out the side any one with common sense could see that the arm was broken, come one, they didnt do there job, yes children fall but there is a responsibility of the coachs to see that the health concerns of the children are the number one priority.

Answer 1

Two things to consider... if yu were not present when this happened how do you know what actually happened and whether the story is accurate or biased.

Having said that.. There is a duty of care between the adult carers and the children in their care. The carers are responsible for the childrens well being and have an obligation (particularly having witnessed an accident) to check if the child is feeling ok or has any visable injuries. If the child has apparent injuries of any sort they should be sent to the nurse even if only for a bandaid as this will also let a more profesional person assess the child for possible injuries. If the child complains of pain or later of feeeling unwell - then they should send the child to the nurse for assesment ( this is common sense and I would consider it essential to preventing legal liability if it I was in the middle of it). They do have a responsiblity to take reasonalbe steps to prevent harm to the child and if the child has had a fall ther would be grounds to suspect the child may have injured themselves and therfore they should get the child assessed asap by their medical person so as identify and injury condition (shock etc) tht may be detrimental to the childs well being so that any such medical condition may be treated in a timely and appropriate manner.

If things happened the way you suggest.. then yes I think they were negligent.
Be careful though- you will need to be able to prove what happened, when and where etc as the fact that your daughter had a broken arm later that night could have come from a fall at home.

Answer 2

To be honest I would need to hear the school's side of the story to make an opinion.
I am not saying that your perspective is not correct, but there are some things that would have to be clarified by the other parties involved - not one parent's opinion.

See "broken arm" gets people up in arms, but in reality a fracture my not evidence itself as such at initial injury. They didn't "call me" - they don't call parents every time a child falls down. If they did there would be no education in school, only phone calls. Asked to see the nurse -- have you ever been to a kindegarten class? They get glue on their finger and they ask to see the nurse or go to the office.
It's all about the demeanor of your child at the time it happened. And the reality of exactly what occurred - you are taking the word of 5 year old, and well - they tend to embellish to suit their needs (I am not calling your child a liar - I am saying reality and fiction are sometimes a little blurred and they tend to go with the story that meets the expectation of the party they are speaking to.)

Me personally, I would get the story of everyone involved, not just the children's.
I had a child fall at cheer practice (a 6 year old) and she cried a little then we moved on after I examined her - good ROM, no swelling, good circulation in the extremity, etc - I told her to shake it off, but take it easy - and we finished practice. I did tell the parent when they arrived - and told them to seek follow-up if she complained of pain. Two days later an Xray revealed a hair line fracture.

Guess, what kids fall down every day - and sometimes they get hurt. It's not always "someone's fault". Now if your told me your child had a grossly misplaced or open fracture then I will say the school was neligient.

Answer 3

I am furious just after reading this. First, I sure hope your daughter's arm heals perfectly. Poor little girl. I can just picture her wondering why nobody would help her or listen to her, while she sat all day with a broken arm. I'm not a legal expert, but I want to offer you moral support. And in my opinion, each adult she tried to tell she was hurt should be in serious trouble for not helping her or doing anything. Make sure you get the names from her now because kids forget quickly. You may even want to video tape her telling you about what happened. Those people might try to blame the others and nobody will take responsibility, so ultimately, the school superintendent is responsible for all the staff. I would definitely pursue this. Maybe the hospital, child protective services, her doctor could give you the advice you need. Best wishes.

Answer 4

Make sure you didn't sign any waivers or anything like that when you had your child enrolled in school

If you did, it may be difficult for you to make a case, however I would suggest seeking legal council anyway just to sort out all the issues

Injury law is one of the most popular law categories you could get into, because negligent staff, schools and corporations need to be held accountable, but they aren't stupid either.

Be prepared if you do have a case to go through lengthy doctor visits, physical therapy, and scrutiny. Not to say you shouldn't do anything, but rather do it for the good of your child and other children...not just because you are mad or upset.

I feel it is wrong of what happened, but I am sure if the staff genuinely thought there was a problem or that she had a broken arm that they wouldn't just leave her there to suffer.

There a re two sides to every story. I wish you the best of luck in your endeavors.

Answer 5

Sigh. Not every inconvenience in life warrants a lawsuit.
Here's the thing - kids fall and hurt themselves. You have no idea what happened after that, only what you were told by your child, which is certainly at odds with the facts.
Unless you are from some god-forsaken Appalachian hell-hole, teachers coaches and school nurses are trained to look after childrens' injuries. I doubt very highly that your child's requests for medical attention were ignored. Certainly, if she presented any symptoms, she would have been given the care required.
Life is full of risks, and public school is no different. You have no case, just hysteria. If you don't like the school, put your kid in private school.

Answer 6

First, you have to take a few deep breaths. You are understandably upset, but you will not accomplish anything in this state. Do you want money or do you want policies to be changed, teachers reprimanded etc.? You're not going to get rich on this suit, maybe your daughter's medical bills two years later minus 33% contingency fee and costs; and if you use the phrase lawsuit the school will tense up and not work with you. My opinion is that you need to talk with the school board and maybe the local media about your situation - AFTER you have a chance to calm down. Tell them a procedure needs to be in place and the teachers and principals need training and possible discipline. Good luck, I hope your little girl is better soon.

Answer 7

I think you have a good lawsuit based on negligence for failure to get medical treatment for your daughter. When children are at school, it is the school's responsibility to make sure that the parents are contacted and medical treatment is sought when a child gets hurt. A fall off of the monkey bars is a pretty far fall for a child in kindergarten. Make sure you have all of your facts in order and contact a lawyer asap. If I were you I would also immediately pull my child out of that school.

Answer 8

I can sympathize with you. I fell down the stairs in college. I went to the class and told my teacher I was hurt and she said if I don't stay in the class I will get an F. I stayed, and sued.

I have 3 herniated disks in my back from that, I gained about 130 lbs from the back pain and the herniated disks caused scoliosis of my spine.

Talk to a lawyer. Today. They do free consultations. Go to www.bigbook.com (it's the yellow pages online) and look up lawyers in your area. Make sure they are competent. ASK to speak to previous clients.

The cold crassness of teachers today stems from the fact that a teacher has to be that way and I get it, but still it sucks to be hurt at school.

Do not talk to anyone about this. Your lawyer will tell you that. Speak to no one. If you must communicate with the school ask them to do it in writing and write back, keeping a copy. Words are not admissible in court but a document will be.

Good Luck.

Answer 9

Yes, you have grounds for a lawsuit based on neglegence. Do not talk to the school again before retaining an attorney, as anything that you say could be held against you or your credibility. Have the attorney do the talking for you. Good luck!

Answer 10

I have a real hard time buying this story. If it is true, you need to prove there was negligence on the part of the school, and not just an accident.

Everytime someone falls, they want to sue someone. The current mentality is "lets get something for nothing".