A student in our school has just had an operation to correct a defect in his lower leg and ankle (he has hemiplegia) and that part is currently wired and bolted into a frame that will be adjusted daily. We, as TAs in our school, have been asked to wheel him about- -in an especially adapted wheelchair-- from lesson to lesson and before they start and end so that the corridors are quiet.
We are really not happy about htis because we feel that should an accident, or incident occur whereby the student is injured, who would be held liable, us or the school?
This arrangement is meant to go on for the next six months. Your thoughts will be appreciated.
2007-03-30 01:27:11 · 9 answers · asked by darestobelieve 4 in Health ➔ General Health Care ➔ Injuries
As long as you show care and use common sense nothing will happen. You are doing someone who is temporarily disabled a great service they will not be able to repay. You should enjoy the good feeling of caring for someone beyond yourself and hopefully this will help you and others to develop empathy for those who will never leave the wheelchair.
2007-03-30 01:31:31 · answer #1 · answered by LoneStarLou 5 · 0⤊ 1⤋
This is a good question. I am no lawyer, but have friends who are. From time to time we have discussions on things that can at some point help my fiancee and I while we run our business. So I will give you my thoughts and what I would do in this situation.
First, have the school's legal counsel draft an agreement, that would release the school from any liability from occurences that were beyond control. The counsel may be able to list those, being familiar with the condition of the school and its accessories. The person assigned to transporting the patient-student would be named in the agreement also, with a stipulation of showing no intent to bring harm to the individual. But, if circumstances show that an event could have been prevented, this could aggrovate the situation. The patient-student would be named and in agreement with the release along with the next of kin. All people involved would have to sign the release. If a challenge is presented at a later date, because of an accident with the student, the judge will be the ruler on this.
2007-03-30 01:47:22 · answer #2 · answered by Yafooey! 5 · 0⤊ 0⤋
I agree...
"In what way is this being a TA?"
Get a copy of your job description and see if giving medical assistance (yesss...pushing a w/c is medical assistance) is already listed. It should not be.
Next, band together (with no hold-outs) and draft a letter of protest, citing your job description, and suggesting that medical assistance provided during school hours is the responsibility of the parents/guardians, via their insurance company, and insist that a "trained" person would better serve the interests of the "medically-assisted" student.
It is the "wired and bolted into a frame that will be adjusted daily" part that is absolutely objectionable. It isn't like you just need to push a wheelchair, it is the condition of the person occupying that chair while you are pushing it.
If you don't get a "relief" response from the principle, then forward your letter to the licensing division for health care professionals in your state government aNd child protective services. Both must investigate. And the good result from that is at least your peace of mind.
After all...you care or you would not have asked.
2007-03-30 03:32:29 · answer #3 · answered by also... 3 · 0⤊ 0⤋
The school would be libel. To cover yourselves and the school contact the chairs manufacturer for a manuel. Or borrow the kids and copy it. Frankly, I think your worrying way too much.Empty halls, a walk in the park(very,very small chance of injury).
night shift x-ray tech(trust me ,wheel chairs are no problem)
P.S. My wife is a tech too. Two weeks some bozo of a patient said he felt the x-ray "hurt his tooth"when she took the image. The hospital sent a engineer to see if the cassette holder(upright bucky) was electrified. Of course everyone thought "how freaking stupid". He's still trying to get some money out of it. So don't sweat it and just do the right thing for this kid.
2007-03-30 01:33:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your school district has legal counsel on retainer, has legal counsel been consulted on this? If you are an employee of the school, then ultimately the school would be responsible. The students (insurance company) lawyers will go after the entity with the deepest pockets, which would be the school and or town/district you work in. However if it's proven you were neglegent it would likely cost you your job. If your a volunteer in the school, I'd consider consulting with a lawyer regarding your individual liability.
2007-03-30 01:36:34 · answer #5 · answered by I Like Stories 7 · 1⤊ 0⤋
The school would be liable...respondeat superior is a legal term which means that if an employee commits a tortious act (negligence is a tortious act) during the scope of their employment, the employer will be liable. It requires that you act with an intent to further your employers business purpose. here you are furthering their business purpose by accomodating the kid and would be covered should anything happen
2007-03-30 01:38:43 · answer #6 · answered by JS 4 · 1⤊ 0⤋
Its called being kind.
Being helpful.
Giving aid to another.
What the heck kind of accident could occur from just simply wheeling a student from class to class?
My gosh the lawsuit mentality of the masses is just disgusting!
2007-03-30 01:36:31 · answer #7 · answered by Tapestry6 7 · 2⤊ 1⤋
Wow... people like you.....
Wow.
What ever happened to helping someone out of the goodness of your heart because it's the right thing to do without thought of possible repercussions.
What if you fell over in the street dying and no one helped because they were afraid of getting hit with a law suit.
Amazing.
2007-03-30 01:32:39 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Because it is on school property the school is liable.To easy your mine speak to the head of the school.
2007-03-30 01:39:17 · answer #9 · answered by freddy 5 · 1⤊ 0⤋