I need an attorney in Michigan...A.S.A.P!

[tjruss06]

What is the name of your state (only U.S. law)? Michigan
I have been fighting with our school for almost a year now. My son who was 14yrs old at the time, suffered a very severe leg and head injury while playing in his Freshman football game on our schools field. He was bed-ridden for several weeks, and then could go back to school for only 3 hrs a day for a month. He missed 70 plus days of school. There was no home-bound schooling porvided. He was given zeros on all missing assignments, tests and quizzes. We were being told that the school was having meetings with his teachers, which we later found out that there were never any meetings held. He was given an Incomplete for the 1st semester. His Neuro-Psychologist evaluated him and had our son take a Neuro-Psych exam. We gave the written report to the school, and the Neuro-Psych recommended an I.E.P or a 504. The school signed the 504 in Feb. with several accomodations. Some being...No more than 1 test per day, the school would provide tutors to catch him up from the 1st semester and help him during the 2nd semester, large assignments broken down to smaller assignments etc...The school did NOT comply with one accomodation. They did provide him with a tutor 2 weeks before school was out for the summer. They made him take both 1st semester and 2nd semester exams at the same time. His teachers were threatening to fail him. His G.P.A. went from a 3.8 down to a 2.2. He is scheduled for another surgery in October, which will result in more missed time. The school is well aware of this. I want the school to evaluate him as soon as school starts which is next week. I have called, emailed went up to the school, spoke with the Superintendant and Assitant Super. who is also the 504 coordinator, Ive spoke with all Principles, Student Services and Im getting no where. I called MIchigan Department of Education. They said they cant help me and for me to contact an Attorney. There is soooo much for to this that is way to much to type. The head injury is a result of negligance by the school and EMTS, which makes this even more difficult. I just need some help or advice. I will take anything right now. Thanks to all who have taken the time to read this!

 

[TheGeekess]

So, click one of the buttons that says 'Find an Attorney'.

Would you trust an attorney trolling forum boards for clients (which isn't allowed on this board, by the by)?

 

[tjruss06]

If clicking "Find an Attorney" was as simple as you think, I wouldnt even be on here....

 

[Proserpina]

If clicking "Find an Attorney" was as simple as you think, I wouldnt even be on here....

...it is very easy to click on "Find an Attorney".



The site does not provide referrals, nor does the site provide attorneys who will walk you step by step through your situation; what the site provides is general information.

However, I'm going to ask one of the education experts to have a look at the thread. She might be able to suggest other avenues you can try.

 

[Humusluvr]

What is the name of your state (only U.S. law)? Michigan
I have been fighting with our school for almost a year now. My son who was 14yrs old at the time, suffered a very severe leg and head injury while playing in his Freshman football game on our schools field.

When son signed up to play football, you most likely signed a release from liability for the school. The only way the school would be liable is if they intentionally sent your son out with improper gear or told him to do something inappropriate.

Kids get hurt playing football. Some severely.

He was bed-ridden for several weeks, and then could go back to school for only 3 hrs a day for a month. He missed 70 plus days of school.

If he was that ill, he likely couldn't have completed home school. He would have had to have had a release from his physician to return to school. When did he get that?

There was no home-bound schooling porvided. He was given zeros on all missing assignments, tests and quizzes. We were being told that the school was having meetings with his teachers, which we later found out that there were never any meetings held.

What kinds of meetings? Did you request assignments for son to do at home? Did he do any assignments at home?

He was given an Incomplete for the 1st semester.

That would be appropriate. He began, but did not complete the semester.

His Neuro-Psychologist evaluated him and had our son take a Neuro-Psych exam. We gave the written report to the school, and the Neuro-Psych recommended an I.E.P or a 504. The school signed the 504 in Feb. with several accomodations.

He wouldn't have an IEP. He would have a 504, which indicates he had a physical disability.

Some being...No more than 1 test per day, the school would provide tutors to catch him up from the 1st semester and help him during the 2nd semester, large assignments broken down to smaller assignments etc...The school did NOT comply with one accomodation.

What did you do about it? How did you monitor the school?

They did provide him with a tutor 2 weeks before school was out for the summer. They made him take both 1st semester and 2nd semester exams at the same time. His teachers were threatening to fail him.

Technically, they should have issued him failing grades for both semesters. They were actually doing him a service by giving him the exams. They should have made him repeat the year.

His G.P.A. went from a 3.8 down to a 2.2.

Due to not completing assignments, or due to cognitive impairments from the accident?

He is scheduled for another surgery in October, which will result in more missed time.

It sounds like the missed time is necessary to complete treatment. It also doesn't sound like your son is completely ready to return to school. His slipping grades may be the least of your problems.

The school is well aware of this. I want the school to evaluate him as soon as school starts which is next week. I have called, emailed went up to the school, spoke with the Superintendant and Assitant Super. who is also the 504 coordinator, Ive spoke with all Principles, Student Services and Im getting no where.

He has a 504. There's nothing they can change from there, unless his condition has worsened, or he's improved and doesn't need services anymore.

I called MIchigan Department of Education. They said they cant help me and for me to contact an Attorney.

If you want another outcome, other than the 504, then you need a physician stating you need something different. You don't need an attorney, you need to come to grips with the serious injury your son sustained. He was in a contact sport. They come with great risks.

There is soooo much for to this that is way to much to type. The head injury is a result of negligance by the school and EMTS, which makes this even more difficult.

What negligence?

I just need some help or advice. I will take anything right now. Thanks to all who have taken the time to read this!

I know this isn't easy, and that you probably don't like the answer you've heard here, but you can't expect the school to just "forget about the assignments" or him to be socially promoted (promoted with his grade, instead of based on his merits). Your son has to show mastery of the content, or he won't be able to pass the state graduation exams either.

Is your son capable of functioning at his previous levels? Or has the injury permanently disabled him?

 

[tjruss06]

Ok...1st of all Thank You to everyone who has replied!!! 2nd...I did not give all the details of what happened..I will give some detail about the inujuries...The leg injury was a freak accident. He snapped both his Tibia and Fibula completely in half while running the football. His lower leg was majorally deformed and his foot was turned 180 degrees. The 911 call was made by an Intern of the Athletic Trainer. She made the call from her cell phone which sent the call 30 mins. away. She told the operator that they had a 14yr old male with a "POSSIBLE" fracture. The operator then dispatched the Ambulance. The call was disptached as a non-emergency. He laid in the middle of the football field for 20 min. until the Ambualnce arrived. The EMTs were not expecting to see our son in the condition he was in based on the call. They then focused on his leg right away. They decided to straighten his leg with no sedation or pain meds. The school told Medical 1st responders that they did not need to come, which 1st responders were only 3 min. from the field. Before the Ambulance arrived somebody removed his football helmet. When his leg was being straightened he was punching the side of his head with his fists and hitting the back of his on the ground....We are not sure if that was the cause of the head injury or a contribuation...We found out after the fact that the coaches never measured the players heads for a helmet. They had the players go in alphabetical order and they picked their own helmet. Our last name is at the end of the alphabet and all that was left was small and mediums. Our son was telling his coaches that his helmet was to tight and that it was giving him a headache. The coaches would tell him to let some air out. The coaches did not help him let the air out, it was either my son or other players that would let the air out. When he snapped his leg he got twisted around and while falling. He ended up landing on his back with his head hitting the field and snapping up and then back down...He was admitted into the Hospital as a Pediatric Trauma Patient. He had rods, plates and screws put in his leg 1st thing the next morning. He was in the hospital for 4 days. We kept asking for him to be checked for a head injury. We told them he had all the symptoms of a head injury. Memory loss, severe headaches, throwing up, slurred speech etc...We were told that these were all normal side effects from the narcotics and antisthetic. When he came home he was not improving. I was calling the Dr. daily. They called him in an anti-nausea pill. I finally took him in to our family Dr. He made an appt. with a Neaurologists for him later that day. Before we made it to the appt. he started to have a seizure and we brought him back to the hospital. They ran a bunch tests and it was discovered that he had a brain bleed. This all happened almost 4 weeks after the original date of the injury.....Before people start throwing out uncalled for comments...When he went down my husband was in the stands. He did not see the leg injury happened because players were blocking it. He thought he was down because he had the wind knocked out of him. He found out different when a friend of ours who was doing the chains came running across the field looking for us. My husband went down there and he was told its bad, he needed to get there, they called an ambulance. My husband was stopped by all the coaches. They didnt want him to see our sons leg. My husband broke loose and ran ro him. His helmet was already off, and the ambualcne already called. We know the details because we got a copy of the video that shwoed the play, I called and got the recording from the 911 call, I called 1st responders to find out why they werent there. We were made aware of the helmet after the fact. The players left their helmets at school in the locker room..This isnt about money or suing anybody..This is about a 14 yr old boy whohas always wanted to go to college to play football. He was the starting running back, starting middle line backer, kick returner, punt returner, captain of the football team. He suffered a very severe and traumatic injury wearing the schools uniform, on their field fighting for a 1st dwon. His injury is being compared to the famous Joe Theismann injury. I want the school to give him some type of support and help with his education. I cant get anybody to email me back, call me back. If I go to the school they are always in a meeting. My son has a right to a fair education. The school has no right to just fail him. Im probably wasting my time to alot of you, but until you have been in our shoes and have seen and heard what we have, and fight like we have for our son, nobody has a right to judge. Im at a point I dont know what I am suppose to do....My son has been making a remarkable recovery. He is now on a lower dose of Depakote, he is still on Celexa for Post Traumatic Stress Disorder, but the Psychologist told us at his next appt. he would like to start weining him off. He will have all the rods, plates and,screws removed in October. He will never be able to play football again. Which is fine by me. Our son still is taking that pretty hard!

 

[Humusluvr]

Ok...1st of all Thank You to everyone who has replied!!! 2nd...I did not give all the details of what happened..I will give some detail about the inujuries...The leg injury was a freak accident. He snapped both his Tibia and Fibula completely in half while running the football.

That's terrible! That's about the worst break you can get!

His lower leg was majorally deformed and his foot was turned 180 degrees. The 911 call was made by an Intern of the Athletic Trainer. She made the call from her cell phone which sent the call 30 mins. away. She told the operator that they had a 14yr old male with a "POSSIBLE" fracture.

The school didn't have an ambulance on site? That's usually a requirement in high school divisions. You might want to check on that.

T

he operator then dispatched the Ambulance. The call was disptached as a non-emergency. He laid in the middle of the football field for 20 min. until the Ambualnce arrived. The EMTs were not expecting to see our son in the condition he was in based on the call. They then focused on his leg right away. They decided to straighten his leg with no sedation or pain meds.

That might be what was needed to restore blood flow to his legs. They may have saved his foot.

The school told Medical 1st responders that they did not need to come, which 1st responders were only 3 min. from the field.

What does this mean? Who told them not to respond? Can you prove it?

Before the Ambulance arrived somebody removed his football helmet. When his leg was being straightened he was punching the side of his head with his fists and hitting the back of his on the ground....We are not sure if that was the cause of the head injury or a contribuation...

WEre there coaches or athletic trainers around? Was he not being immobilized? That might be negligence on the part of the school.

We found out after the fact that the coaches never measured the players heads for a helmet. They had the players go in alphabetical order and they picked their own helmet. Our last name is at the end of the alphabet and all that was left was small and mediums. Our son was telling his coaches that his helmet was to tight and that it was giving him a headache. The coaches would tell him to let some air out. The coaches did not help him let the air out, it was either my son or other players that would let the air out.

This might qualify as neglect. Did you know your con wasn't properly fitted for a helmet? If you did, why did you let him play? If it comes out that you knew, you may not have a case, or you may be shown to be equally negligent.

When he snapped his leg he got twisted around and while falling. He ended up landing on his back with his head hitting the field and snapping up and then back down...He was admitted into the Hospital as a Pediatric Trauma Patient. He had rods, plates and screws put in his leg 1st thing the next morning. He was in the hospital for 4 days. We kept asking for him to be checked for a head injury. We told them he had all the symptoms of a head injury. Memory loss, severe headaches, throwing up, slurred speech etc...

Yeah, that doesn't sound right. If they didn't check him for head injuries, that would be negligence.

We were told that these were all normal side effects from the narcotics and antisthetic. When he came home he was not improving. I was calling the Dr. daily. They called him in an anti-nausea pill. I finally took him in to our family Dr. He made an appt. with a Neaurologists for him later that day. Before we made it to the appt. he started to have a seizure and we brought him back to the hospital. They ran a bunch tests and it was discovered that he had a brain bleed. This all happened almost 4 weeks after the original date of the injury.....

That is also really bad, that the doctor's didn't check.

Before people start throwing out uncalled for comments...When he went down my husband was in the stands. He did not see the leg injury happened because players were blocking it. He thought he was down because he had the wind knocked out of him. He found out different when a friend of ours who was doing the chains came running across the field looking for us. My husband went down there and he was told its bad, he needed to get there, they called an ambulance. My husband was stopped by all the coaches. They didnt want him to see our sons leg. My husband broke loose and ran ro him. His helmet was already off, and the ambualcne already called. We know the details because we got a copy of the video that shwoed the play, I called and got the recording from the 911 call, I called 1st responders to find out why they werent there. We were made aware of the helmet after the fact. The players left their helmets at school in the locker room..This isnt about money or suing anybody..This is about a 14 yr old boy whohas always wanted to go to college to play football. He was the starting running back, starting middle line backer, kick returner, punt returner, captain of the football team. He suffered a very severe and traumatic injury wearing the schools uniform, on their field fighting for a 1st dwon. His injury is being compared to the famous Joe Theismann injury. I want the school to give him some type of support and help with his education. I cant get anybody to email me back, call me back. If I go to the school they are always in a meeting. My son has a right to a fair education. The school has no right to just fail him. Im probably wasting my time to alot of you, but until you have been in our shoes and have seen and heard what we have, and fight like we have for our son, nobody has a right to judge. Im at a point I dont know what I am suppose to do....My son has been making a remarkable recovery. He is now on a lower dose of Depakote, he is still on Celexa for Post Traumatic Stress Disorder, but the Psychologist told us at his next appt. he would like to start weining him off. He will have all the rods, plates and,screws removed in October. He will never be able to play football again. Which is fine by me. Our son still is taking that pretty hard!

Based on what you wrote here, you may have a case for medical malpractice and a case against the school for negligence. You can contact a personal injury attorney in your area, who could also refer you to ed law specialists. But I would do it TODAY, because the statute of limitations on medical malpractice may be one year (not sure in your area).

Your son most likely isn't going to school on a football scholarship. But you may be able to settle on medical malpractice with the ER doctors and the negligence of the coaches in providing adequate helmets for the team that led to the brain bleed.

Start collecting all your evidence - every bill, every doctors statement, every prescription, every test, and all the school stuff too. I would sit down and journal every single detail as detailed as possible of the event and how it occurred, dates times, people who were there.

And contact an attorney. This is one of the very few cases I see on this forum where there is CLEARLY a case of negligence and malpractice.

Good luck.

 

[tjruss06]

Humsluvr...Here are the answers to youur questions....No there was no ambulance on site...You are right about straightening a leg to point of gaining circulation, but in my sons case, his leg had circualtion, so portocol w
is to leave leg as is...I called and spoke with our Citys Fire Department, which would of been the 1st Responders. I spoke with the Chief of the Fire Department to find out why they were not there. He told me what had all happened. I also spoke with the Director of the Ambulance service and he gave me the same report. They both said the school called and told 1st responders that they had everything under control and they were not needed.....The coaches and trainer were both there and no they did not immobilize him...We had no idea that he was not properelly fitted until after the head injury was discovered. We then asked several other parents if they were aware of this and they were all under the same assumption as we were, being that the coaches measuered their heads and had them in the proper size helmets. We also asked several players how did they know what size football helmet to use. They all said the same thing my son did. They allwent in alphabetical order and picked out their own....I have copies of everything, all medical records, 911 call, ambulance report, all of the recors from the specialists, and all bills. The other sad was that when my husband returned to work 5 days after the accident he found out he was part of a compnay lay-off and he also was told our Heath Insuance was going to cancel at Midnight that night. ..I have spoken with a couple of Attorneys, but I get the whole speech on how schools are protected under Governenment Immunity. Maybe Im talking with the wrong type of attorney..Who knows?? I do no the school has treated my son horribly..All of the work i was able to get from the school, I did with him..I pretty much taught him at home with no help or assistance from the school. The few times I have spoke with someone from the school, they all have apologized saying that somehow our son got lost in the system...But nothing ever changes. I need somebody to help guide me in the right direction.

 

[Humusluvr]

Humsluvr...Here are the answers to youur questions....No there was no ambulance on site...You are right about straightening a leg to point of gaining circulation, but in my sons case, his leg had circualtion, so portocol w
is to leave leg as is...I called and spoke with our Citys Fire Department, which would of been the 1st Responders. I spoke with the Chief of the Fire Department to find out why they were not there. He told me what had all happened. I also spoke with the Director of the Ambulance service and he gave me the same report. They both said the school called and told 1st responders that they had everything under control and they were not needed.....The coaches and trainer were both there and no they did not immobilize him...We had no idea that he was not properelly fitted until after the head injury was discovered. We then asked several other parents if they were aware of this and they were all under the same assumption as we were, being that the coaches measuered their heads and had them in the proper size helmets. We also asked several players how did they know what size football helmet to use. They all said the same thing my son did. They allwent in alphabetical order and picked out their own....I have copies of everything, all medical records, 911 call, ambulance report, all of the recors from the specialists, and all bills. The other sad was that when my husband returned to work 5 days after the accident he found out he was part of a compnay lay-off and he also was told our Heath Insuance was going to cancel at Midnight that night. ..I have spoken with a couple of Attorneys, but I get the whole speech on how schools are protected under Governenment Immunity. Maybe Im talking with the wrong type of attorney..Who knows?? I do no the school has treated my son horribly..All of the work i was able to get from the school, I did with him..I pretty much taught him at home with no help or assistance from the school. The few times I have spoke with someone from the school, they all have apologized saying that somehow our son got lost in the system...But nothing ever changes. I need somebody to help guide me in the right direction.

Click on any of the links here for a lawyer ad. You could definitely do personal injury lawyer, who could point you to someone on the school's negligence. And if the school didn't properly fit your son for a helmet, THEY ARE NEGLIGENT. That's not "child hurt in the proper course of sports." That's "the school took the easy and cheap way out, and a child was injured in the course."

Start calling. Start at A in your local phone book. I don't know why a personal injury lawyer WOULDNT take it, unless there's something I'm missing here.

 

[tjruss06]

Also Humsluvr..Thnks soo much or taking the time to read this and reply. Its nice to have somebody actually listen to me...Little things like that go along way for some people, and right now Im one of those people!!! And Statue of Limitations in our area is 3 years.....

 

[Humusluvr]

Also Humsluvr..Thnks soo much or taking the time to read this and reply. Its nice to have somebody actually listen to me...Little things like that go along way for some people, and right now Im one of those people!!! And Statue of Limitations in our area is 3 years.....

You're welcome!

It just makes me mad the school wouldn't properly fit your child for a helmet for FOOTBALL, the most easily injured sport. And your child was severely injured in something preventable!

 

[tjruss06]

My guess is that is very hard to sue a school in MI, plus ad in Government Immunitiy. Like I said, I have only spoke with a couple of attorneys. Our 1st concern was our sons health, that was the only thing on our mind...Our local newspaper wanted to do a story about the injury and the medical treatment he received in the very beginning. We declined because we did not want our sons name out there for the public to read. He was going through so much as it was, and we knew that would be to much for him....I am going to take your advice and go to the phone book....I have a whole paper written with every date, detail, everything so all I need to do is email my situation..

 

[Humusluvr]

My guess is that is very hard to sue a school in MI, plus ad in Government Immunitiy. Like I said, I have only spoke with a couple of attorneys. Our 1st concern was our sons health, that was the only thing on our mind...Our local newspaper wanted to do a story about the injury and the medical treatment he received in the very beginning. We declined because we did not want our sons name out there for the public to read. He was going through so much as it was, and we knew that would be to much for him....I am going to take your advice and go to the phone book....I have a whole paper written with every date, detail, everything so all I need to do is email my situation..

Here's the thing about schools - you can't sue them SIMPLY because a kid gets hurt. That's normal, and you sign a waiver that you won't sue if he breaks his head.

But if the school knowingly sent your son out, improperly fitted in a helmet, that's NEGLIGENCE. That is likely the cause of your son's brain injury.

And then the morons in the ER who would check a child brought in with football injuries for a CONCUSSION??? That's medical malpractice. They probably furthered your son's injury.

People just totally blew it at EVERY SINGLE STEP in this case - and it's not like nobody got hurt. Your son could have died from having an improperly fitted helmet. There is no way that coach should be retained, or that school should be allowed to have a football program with such incompetent people sending the kids out there to get hurt. That's just ridiculous!!!

I totally get just focusing on your son and him getting better. But at this point, I think you have a duty to make sure more kids don't end up with head injuries by REPORTING THIS, and since your son will likely not go to school on a football scholarship, I hope you are granted a settlement from the school to save for his schooling. I, in my opinion, think you should be able to get that.

 

[Yooperlady]

What area of Michigan are you in? I also live in Michigan and have a JV football player. Our warm-ups nor games start until EMS is on the field with gear out and waiting. I was hold that it is a state requirement.

 

[Humusluvr]

you mentioned insurance. Was your claim covered? What happened with the medical bills?

Because I did find this:

C. INSURANCE REQUIREMENTS
Prior to 1996 when the School Code was rewritten, Section 1522 of the School Code of 1976
allowed a board of education to require a fee from participants in interscholastic programs for
the cost or a portion of the cost for medical care or insurance for the protection of pupils.
However, the section very specifically stated that a pupil could not be barred for participation
because of the inability to pay the fee. The section read:
(4) A board may require a fee from participants in interscholastic athletic programs for
the cost or a portion thereof of medical care, mutual benefit programs or insurance programs to ensure protection for pupils. A pupil shall not be barred from participation in
interscholastic athletic activities because of inability to pay the fee.
Prior to the repeal of this section, it was considered likely, but not absolutely certain, that a
school district would not be permitted to require proof of health insurance as a pre-condition
of students’ participation in interscholastic athletics. The question of insurance could have
been asked and probably should have been asked of participants’ families, but participation
should not have been denied to those students who were without insurance.
That would appear to be the wisest counsel today. And if there are one or more students who
cannot provide proof of insurance, it would be prudent for the school district to send home literature which describes how the family might purchase protection for their unprotected children on a voluntary basis directly from an insurance administrator or how the family might
participate in a program purchased by the school.
At no cost to MHSAA member high school and junior high/middle schools, the MHSAA purchases a policy that provides a $250,000 layer of excess accident medical benefits, payable
after a deductible of $25,000 per claim. Only eligible student-athletes are covered. The
MHSAA Handbook provides additional details of coverage.
The MHSAA is not involved in claims which do not reach the $25,000 deductible or in medical expenses beyond $275,000 per claim, but school districts could reduce the potential of
litigation brought on behalf of participants who are uninsured or who suffer injuries
with expenses beyond $275,000 by encouraging or providing such coverage.
School districts can further reduce their potential liability by assuring that all of their
junior high/middle schools are members of the MHSAA and thus covered under the
MHSAA-purchased insurance plan.

http://www.mhsaa.com/LinkClick.aspx?fileticket=5zmEZQDeT0k=&tabid=578