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School Negligent on Elementary School Injury

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balbert3

Junior Member
What is the name of your state? CA



I would like to know what my rights are concerning an injury that happened to my 8 yr old son at school.

Last week I received a call at work about 4:15pm from the after school program director where my son goes which is not affiliated with the school he attends.

This was my first notification that my son was complaining of having a headache. She told me my son was crying uncontrollably.

By the time I was able to pick him up at 5pm he was asleep on the floor with his shirt over his head. I woke him up. I asked him what happened. He told me that he hit his head on a pole at lunch recess which is around 12pm. I asked him did he tell anyone and he said he told the Yard Duty. I then called our Insurance company advice line to see what I can do regarding his headache. I followed the instructions of the advice nurse but 30-45 min later my son was vomiting which came to total of 6 times that day. His speech began to slur and he became more disoriented. I immediately called the Dr's advice line and began to take him to the emergency room. He had a CT scan done on his head. Initially the Dr said it looked like a skull fracture. The end result was that my son had a concussion and they recommended he stay the night there. All night in E.R. he was closely monitored and I had a follow-up visit with his Pediatrician where they recommended Tylenol.

Having my son suffer a serious concussion during school hours without being notified at all causes me serious concern. Makes me wonder what if the after school program staff hadn’t noticed his headache complaints and had not notified me. I called the school the next morning and asked why I wasn’t notified. The principle said that she asked all the yard duty staff and was told that my son didn't mention to any one that he ran into a pole at school.

I asked the principle what was the policy for head injury and I was told that the student is checked over by the nurse, ice is applied and the child is sent home with a note. My son had not been seen by a nurse, nor did he receive a note and I was not notified by phone.

Please let me know what I can do regarding my son's condition.

Thank You.What is the name of your state?
 


HomeGuru

Senior Member
What is the name of your state? CA



I would like to know what my rights are concerning an injury that happened to my 8 yr old son at school.

Last week I received a call at work about 4:15pm from the after school program director where my son goes which is not affiliated with the school he attends.

This was my first notification that my son was complaining of having a headache. She told me my son was crying uncontrollably.

By the time I was able to pick him up at 5pm he was asleep on the floor with his shirt over his head. I woke him up. I asked him what happened. He told me that he hit his head on a pole at lunch recess which is around 12pm. I asked him did he tell anyone and he said he told the Yard Duty. I then called our Insurance company advice line to see what I can do regarding his headache. I followed the instructions of the advice nurse but 30-45 min later my son was vomiting which came to total of 6 times that day. His speech began to slur and he became more disoriented. I immediately called the Dr's advice line and began to take him to the emergency room. He had a CT scan done on his head. Initially the Dr said it looked like a skull fracture. The end result was that my son had a concussion and they recommended he stay the night there. All night in E.R. he was closely monitored and I had a follow-up visit with his Pediatrician where they recommended Tylenol.

Having my son suffer a serious concussion during school hours without being notified at all causes me serious concern. Makes me wonder what if the after school program staff hadn’t noticed his headache complaints and had not notified me. I called the school the next morning and asked why I wasn’t notified. The principle said that she asked all the yard duty staff and was told that my son didn't mention to any one that he ran into a pole at school.

I asked the principle what was the policy for head injury and I was told that the student is checked over by the nurse, ice is applied and the child is sent home with a note. My son had not been seen by a nurse, nor did he receive a note and I was not notified by phone.

Please let me know what I can do regarding my son's condition.

Thank You.What is the name of your state?
**A: and what was the diagnosis from your family pediatrician?
 

balbert3

Junior Member
The Pediatrician also confirmed that he had a concussion.

He also recommended that he not be active in any sports for atleast a week.
 

Zigner

Senior Member, Non-Attorney
The Pediatrician also confirmed that he had a concussion.

He also recommended that he not be active in any sports for atleast a week.
How was the school negligent?
Also, what damages occurred that were the result of negligence?

Your son would have had to go to the doctor whether you were called or not.
Your son would have had to avoid sports for a week whether you were called or not.

It looks to me like you really have no case...
 

HomeGuru

Senior Member
How was the school negligent?
Also, what damages occurred that were the result of negligence?

Your son would have had to go to the doctor whether you were called or not.
Your son would have had to avoid sports for a week whether you were called or not.

It looks to me like you really have no case...
**A: I disagree as the parent should have been notified a the time of the incident.
 

Zigner

Senior Member, Non-Attorney
**A: I disagree as the parent should have been notified a the time of the incident.
Ok, let's say the parent was notified. How would that have changed anything that happened? Parent would have taken child to doctor, doctor would have diagnosed as concussion and advised against sports for a week.

Exactly what case does the parent have against the school, based on the facts as presented by the OP?
 

moburkes

Senior Member
It could be a training situation, or maybe the recess person really was never told. In any case, this doesn't appear to be a situation in which a lawsuit needs to be filed.
 

balbert3

Junior Member
How was the school negligent?
Also, what damages occurred that were the result of negligence?

Your son would have had to go to the doctor whether you were called or not.
Your son would have had to avoid sports for a week whether you were called or not.

It looks to me like you really have no case...


I don't know how negligence works in a court of law, but in my logic the school was negligent because my 8 year old son had a head injury and

1. Was not sent to the nurse.
2. I was not notified of his injury.

Negligence because the Yard Duty was notified of the accident but had not taken any further action for his injuries.

Mind you...this is an 8 year old boy...not a high school student. Would you think and have the same logic if this were your son? Do courts/judges think like human beings?


Damages for the negligence: Having to take him into E.R. prior to seeing his Pediatrician is an expense that could have been avoided if he saw the school's nurse.

I forgot to mention that he was also hooked up to an IV at the emergency room.

Other damages...the damages could have been worse had the after school program not notified me. If his CT Scan was mistaken for a skull fracture...for an 8 year old the possibilities of his injury are endless. I don't know how common concussions are for 8 year olds.

This only happen a few days ago.
 

Zigner

Senior Member, Non-Attorney
Negligence because the Yard Duty was notified of the accident but had not taken any further action for his injuries.
You don't know that for sure, and it doesn't matter anyway.
Mind you...this is an 8 year old boy...not a high school student. Would you think and have the same logic if this were your son? Do courts/judges think like human beings?
I would be irate...but I wouldn't consider filing a law suit.
Damages for the negligence: Having to take him into E.R. prior to seeing his Pediatrician is an expense that could have been avoided if he saw the school's nurse.
Let me get this straight - you would have trusted the word of a SCHOOL NURSE? :eek:

Other damages...the damages could have been worse...
But, they weren't.


You have no legal case against the school district
As a parent, I would be in there (frequently) making sure your views are known on how this was handled, but you have no damages caused by the school's inaction.
 

lealea1005

Senior Member
Damages for the negligence: Having to take him into E.R. prior to seeing his Pediatrician is an expense that could have been avoided if he saw the school's nurse.
Probably not. Even if your son saw the school nurse immediately after the incident, his symptoms of vomiting, lethargy and, especially, slurred speech would have been emergent enough to land him in the ER anyway.
 

moburkes

Senior Member
Probably not. Even if your son saw the school nurse immediately after the incident, his symptoms of vomiting, lethargy and, especially, slurred speech would have been emergent enough to land him in the ER anyway.
Agreed. I've been told that some school nurses aren't even nurses, because of budget cuts.

You talk about his speech "beginning" to slur and him becoming disoriented. If any of those had happened during the school day you would have also been paying for an ambulance ride to the ER, instead of for just the ER visit. Based on your last post, OP, this is only financial, sooooooooooo, since he didn't exhibit those symptoms earlier, you were saved some money.
 

balbert3

Junior Member
I appreciate all of your responses.

I'm not sure how this forum works, I just did a search for Lawyer forums and came across this.

Now how many of you are actual lawyers?

How many of you actually practice the law in a student setting?
 

moburkes

Senior Member
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Zigner

Senior Member, Non-Attorney
Tell you want - open your phone book and find the section for "Personal Injury Lawyers". Then find one that will give you a free consult. Then, you can walk away happy in the knowledge that all us hick non-lawyers were actually right!
 

HomeGuru

Senior Member
I appreciate all of your responses.

I'm not sure how this forum works, I just did a search for Lawyer forums and came across this.

Now how many of you are actual lawyers?

**A: at the last count not a lot. If you include wannabe's, then a lot.

***************

How many of you actually practice the law in a student setting?
**A: what does that mean?
 

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