First of all- I have NEVER sued anyone before, I have opportunities, but it was just NOT ME! Anyway, my son got hurt during school in May 2007. He ended up fracturing his arm. I didn't even ask the school to cover expenses, since my insurance covered it and it was an ACCIDENT. SO after the cast comes off in July 2007, the Dr. sends us to physical therapy. I get a phone call from the PT's office saying I have no insurance. Long story short, my insurance was cancelled 8/1/07, and appt was for 8/9/07. So then I did NEED to have the school cover this ONE expense, since my son couldn't extend his arm all the way. It is now 10/07 and my son has not seen the PT YET, still cannot extend arm fully. This is due to 1) mistakes the school made when submitted ins. info 2) PT refused to see my son until schools insurance was "primary" and 3) schools insurance refussed to be "primary" because school had submitted wrong info!! I am so fustrated and scared because there is a possibility that it is too
2007-10-10 08:23:33 · 9 answers · asked by Angeleyes78 3 in Politics & Government ➔ Law & Ethics
late for pt to work, my son may NEVER be able to fully extend his arm!! That is the only reason that I would think about suing...That my son had to pay a price b/c he could not get pt....
2007-10-10 08:24:50 · update #1
I see your point Bob, it actually happened in an afterschool problem (which I pay for) and only because I cannot get any help in order to take him to physical therapy!
2007-10-10 08:34:01 · update #2
Because it happened on school property, they are liable for your son's injury bills. Kind of like if a neighborhood kid came into your yard and fell in your pool, or someone fell down your steps, that is what the school has insurance for, that is why we all have property insurance. Taking on the bills is noble and I would do the same thing, but the lawyers and the school may see that as you taking on the entire responsibility.
At this point I would do two things, I would hire a lawyer today and get their professional opinion. #2 I would find another Physical Therapist that will help you regardless of who is paying, even if that means robbing Peter to pay Paul, I would take care of my son first and worry about the the other stuff later.
Best of luck!
2007-10-10 11:31:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you didn't think that the school was at fault when it first happened, why should the fact that your insurance was cancelled change that fact?
It was an accident due to the nature of how it happened (unless the school acted in a negligent way)...not whether you had insurance or not.
There are also other actions that could have been done...first, you could have called the physician to ask for advice on what your son could do at home, or the physician could have recommended a static progressive spint, etc. Realistically, most kids recover very well even without physical therapy or if they do need it, they recover even if it was delayed. Finally, you could have become a self-pay...even if it were for one visit to learn what he could do at home (and then could have asked for reimbursement).
In my opinion however, you yourself said it was an accident and had no intention of suing until you found out about your insurance info. One should not mitigate the other.
2007-10-10 22:06:27 · answer #2 · answered by mistify 7 · 0⤊ 0⤋
Did the school cause your sons injury through some negligient action on their part? If not then I seriously doubt you are going to get far.
If you applied for the school covered insurance BEFORE the accident then there might be a case to force them to pay for their mistaken paperwork, but if you declined school insurance when those wonderful papers came around then again there really is much to sue over.
I'm sorry this happened to your son - but the reality is that it is parental responsibility to see that your child has proper health coverage. Accidents happen all day long - and most of the time they are not the fault of anyone.
2007-10-10 15:58:54 · answer #3 · answered by Susie D 6 · 1⤊ 0⤋
Get a personal injury attorney -- not now, but right now. You need to file an action to recover what you can from the school, before the statute of limitations runs out, and before your son's arm gets worse. Call the bar association in your area for a referral.
2007-10-10 18:19:17 · answer #4 · answered by Hillary 6 · 0⤊ 0⤋
What would you sue them for?? Mistakes do not rise to the level required for most suits, unless you can show gross negligence, etc. And what would you want from the suit? Money for damages?? You don't know what they are yet. Only what they MIGHT BE. I understand the process has been a frustrating one, but I don't think it amounts to the level required for suit . . .YET.
2007-10-10 15:32:19 · answer #5 · answered by jurydoc 7 · 2⤊ 0⤋
If the school was at fault maybe. What did the school do to injure him? If you are considering suing only because he was being educated there when he was hurt it seems a little ungrateful.
2007-10-10 15:30:46 · answer #6 · answered by Bob J 5 · 2⤊ 1⤋
u must have done it , till now......
but dont get frustrated, , u r not gonna sue them, to loose the case, , , u r gonna there to have justice. so keep ur head cool, work in the right direction, , n u dont need any more advices
goodbye n godbless
2007-10-10 15:35:03 · answer #7 · answered by fuad_enjoy 3 · 0⤊ 0⤋
you should sue them for your son's accident
2007-10-10 15:28:35 · answer #8 · answered by Rara 5 · 0⤊ 1⤋
DEFINITELY SEE AN ATTORNEY ABOUT THIS, THIS CASE NEEDS A MEDICAL MALPRACTICE LAWYER.
2007-10-10 15:32:31 · answer #9 · answered by Dr. Albert, DDS, (USA) 7 · 1⤊ 4⤋