QUESTION

Can I have my son's school pay for his medical expenses due to their NEGLIGENCE?

Asked on Oct 25th, 2012 on Personal Injury - New York
More details to this question:
During Lunch recess, my 8 year old son fell from the Monkey bars at his School, and badly broke his arm. My son cried and held his arm and that clearly shows that his arm is hurt. And I do understand that kids do get hurt while at play. However, the situation was handled very poorly. The first teacher who seen him, physically moved his arm up and down while asking him, "Can you move your arm?" while he is crying, he's telling her "YES!" and we do have witnesses of her moving his broken arm while in pain (No School Nurse was notified nor parents) He then notifies his Home Room teacher that his arm hurts from falling from the Monkey Bars, STILL no procedures were followed. The HR teacher tells him to get an ICE PACK from the office (Teacher did not look at arm). My son goes to the Office for an Ice pack and was given one, but STILL no one noticed his broken arm. The person who gave him the ice pack did not ask him why? Or even bothered to ask. He got his Ice Pack and went back to class (STILL parents are NOT notified or School Nurse) He returns to class. He tries to write but then tell's his teacher his arm hurts when he writes. Teacher states, "just keep the ICE PACK on it". My poor son sat in class in pain with a broken arm all the way till he got home from the bus and that was 4:20pm. We still were not notified of any accident. We noticed his arm at home and took him to the ER. It was visible and clear that his arm was not right. The X-ray showed his bone is broken. They referred us to a bone specialist. Now we need to look for a Surgeon. He needs pins in his arm. His arm will never be the same and I BLAME the school for their negligence, poor first aid knowledge, and no procedures and follow-ups. They showed no concern of the well-being of my son, no apology, no Sympathy from the teachers or Principal. The principal is more concern of an accident report that they are trying to put together the day after the accident.
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7 ANSWERS

Ronald A. Steinberg
Under Michigan law, you cannot sue for "ordinary negligence." However, the stupidity of the teacher(s) after you child got hurt MAY constitute "gross negligence," which is the basis for a suit. Get to a lawyer immediately. It is especially important if the moving of the fractured arm, in and of itself, made the injuries worse. The teacher that did that should be fired.
Answered on Oct 30th, 2012 at 9:22 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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What damages did the school cause for not getting immediate treatment? That is all the school is liable for. If the delay of a few hours caused only a small amount of pain and suffering, the damages are minimal.
Answered on Oct 30th, 2012 at 9:21 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should report the matter involving your injured son to and file a claim with the school's insurance company. You may want to first consult with a plaintiff's personal injury or accident lawyer for specific legal advice and assistance.
Answered on Oct 28th, 2012 at 4:04 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Sounds like you need Obama care because you don't have health insurance. Your real complaint is they didn't call you or they didn't take him to the hospital or call an ambulance. If they had, and it turned out to be a bad bruise, you would be screaming at the school for creating a huge ambulance/ER bill that you would have to pay out of pocket, wouldn't you? Gravity injured you son, not the school. As far as your son's arm in the future, it is unlikely it is the end of the world. Why not picket the school in the morning to let all the other parents know how callous the school administration is?
Answered on Oct 26th, 2012 at 3:40 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Schools are immune from liability unless they have insurance to cover a claim. Doesn't sound like you have a claim although if the school has medical payments coverage you might get some help. You getting all this information from your child or do you have adults to corroborate have you talked to all the adults concerned with this matter? You should. If procedures were not properly followed you should inform the principal or the school board.
Answered on Oct 26th, 2012 at 3:40 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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Have you spoken with a personal injury lawyer? You may have a case against the school for your son's pain and suffering depending on what the safety surface of the playground was. I got a child a nice settlement for a similar accident where the safety padding was not thick enough and the City knew it needed to be replaced. You will need to serve a Notice of Claim within 90 days of the accident if this is a public school. I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
Answered on Oct 26th, 2012 at 3:39 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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There's no telling that they made the condition worse. Yes, you should make complaints, in writing and in person to the school superintendant and the Board of Education. Document what happened. Hide your justifiable anger, express concern.
Answered on Oct 26th, 2012 at 3:39 PM

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