Injured at School

[Newlydivmomto4]

What is the name of your state (only U.S. law)? Kentucky

I am not sure where to put this, please correct me if I am in the wrong spot.

In mid-December My daughter was roller skating in a school PE class, doing the limbo. (I know, disaster waiting to happen) She fell backwards hitting her elbow and head. Her elbow the doctor originally thought she had done a hairline fracture, turns out it was just a severely bruised, thank goodness. Her head, she showed no signs of concussion so the doctors only focused on her elbow. No problem, she recovered and all I thought was well. About two months after falling, my daughter started complaining about her reading glasses not working anymore. I thought she was just over straining her eyes again, so I had her slow down on her reading thinking that would help her eyes improve and the glasses work again. She just had her eyes checked and the prescription done in November so I did not think her eyes could change that quickly.
She kept complaining so I took her back to the eye doctor and she has damaged the macula part of her eye, which is what enables your eye to focus. When she first went to the eye doctor in November, there was not an issue with the macula, she saw the same doctor and the doctor was shocked that it happened until I told her that my daughter fell while roller skating. I am doing my best not to panic, but everything I am reading about this problems is that it leads to loss of vision in that eye.
What I am wondering is; what if any recourse I have with the school system? If I do have a recourse, what is the best way to go about it? The medical bills are going to start mounting up and from what the school told me when the accident first happened and I was dealing with her elbow, the school insurance only pays 1500 dollars.

 

[swalsh411]

You could certainly see an attorney to see if you have a case but I can think of a few questions off the top of my head

-Why do you feel the school is at fault?
-Were you aware she was skating?
-Did you sign any sort of release permitting this activity?
-Were helmets available? Were parents advised to have their children wear a helmet? Did she wear a helmet?
-Did the doctor say the damage to her eye was the result of the fall?

You should take your daughter to an ophthalmologist if you have not already. They are far more qualified than an optometrist to properly diagnose her and discuss possible treatment or how it may progress.

 

[Newlydivmomto4]

-Why do you feel the school is at fault?
Doing the limbo on skates seems idiotic to me. I know many skating rinks have outlawed it due to kids getting hurt.
-Were you aware she was skating?
Yes, I was aware she was skating.
-Did you sign any sort of release permitting this activity?
I signed a permission slip allowing her to skate.
-Were helmets available? Were parents advised to have their children wear a helmet? Did she wear a helmet?
There were no helmets available.
-Did the doctor say the damage to her eye was the result of the fall?
The doctor said that it could very well be a result of the fall. She had an eye exam 1 month prior to the accident and there were no issues with the macula whatsoever.

I don't know if the school would be liable, I am just trying to look to the future for my daughter and what it may and may not entail.

Edited to add:
She has an appointment with an opthamologist that specializes in macula problems.

 

[swalsh411]

It's good you are taking her to see a specialist.

I am not asking these questions because I am trying to suggest you are not acting in her best interests or that you don't have a case, but these are questions you would have to answer at some point.

What did the release authorize? Did you keep a copy?

Was the limbo a sanctioned or directed activity or something your daughter decided to do on her own?

 

[Newlydivmomto4]

It's good you are taking her to see a specialist.

I am not asking these questions because I am trying to suggest you are not acting in her best interests or that you don't have a case, but these are questions you would have to answer at some point.

What did the release authorize? Did you keep a copy?

Was the limbo a sanctioned or directed activity or something your daughter decided to do on her own?

The release just gave permission for her to skate, explained how they brought skates in from a rental company and asked her shoe size. I do not remember any release of liability part. The limbo was something that was teacher directed.
I thank you for your help. To be flat out honest, I am scared to death of my daughter becoming blind because of all of this and what her future will be like. Everything I am reading about her issue is that the condition is irreversible and leads to blindness. The school is already starting to accommodate her in her reading because she cannot read even with her reading glasses. I have not said anything to them other than that she is having vision issues and her glasses are not working.

 

[Newlydivmomto4]

They were provided wrist guards, no helmets, no elbow guards.

 

[Adam G]

Public school or private? If it's public, the tort immunity statute comes into play.