QUESTION

If a student is injured at school, is the school responsible for paying medical cost incurred from injury, when another student was involved.

Asked on May 31st, 2012 on Personal Injury - New Jersey
More details to this question:
My son had an eye injury that resulted in a corneal transplant. He was accidentally poked in the eye with a pencil by another student. He was misdiagnosed by the ER at local hospital, and ended up having emergency repair on the cornea which eventually was replaced with a transplant. We never received any medical compensation from the school. Who is legally responsible for compensation?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
I would need more information regarding how the injury occurred but it seems to me that the school and/or the child that poked your son is responsible for the medical bills, as well as the pain and suffering, but this is probably going to require litigation to get them to accept responsibility.  Has this other student ever assaulted anyone else?  Is there a history of this type of behavior?  Was the school negligent in supervising this student and/or correcting his/her behavior?  How old is the other student?  The students parents may be responsible for his/her behavior.   This is definitely something you should discuss with a lawyer because your son should be entitled to compensation for paid and suffering, not just reimbursement of medical expenses.
Answered on May 31st, 2012 at 12:19 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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