QUESTION
What are my rights if my child had a doctor’s order not to have a PE class for the rest of the week but the school still took her to the gym?
Asked on Oct 16th, 2012 on Personal Injury - Florida
More details to this question:
My 5-year old child [girl] was trying to reach the top kitchen cabinet and slip down on the bottom cabinet door, which was opened and injured her pelvic area. I took her to the emergency room on 10/13/12. The doctor gave a note for school for Monday. Even after giving the doctors note my child was taken to the gym yesterday and complaining that it hurts her when she walk. Thank you.
10 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You do not indicate whether they made her participate in PE, or took her to the Gym and let her watch. If it was the latter, then I would say they did not violate the doctor's Orders. If they made her participate and it cause her injury to get significantly worse (which must be verified by her doctor), you could possibly sue the school. If the injury was not made worse, you have a right to complain to the principal and ask them not to do it again.
Answered on Oct 19th, 2012 at 7:03 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I am not understanding what is wrong with taking her to the gym. The note said not to participate in PE. If she was to be confined to her class and not walk, the note should have said so. So long as the school did not disregard the note and force her to participate in PE, I see no issue with the school.
Answered on Oct 19th, 2012 at 5:46 PM
Answer: Some situations are just not legal issues and this is one of them. See the principal with your complaint.
Answered on Oct 17th, 2012 at 5:45 PM
Ronald A. Steinberg
Go to the principal and raise hell.
Answered on Oct 17th, 2012 at 5:45 PM
Dennis P. Mikko
The school should have honored the doctor's note. You should speak with the principal about the situation and explain that she cannot participate in gym this week or until released by her doctor. She most likely will still have to go to class but have to sit out any activity.
Answered on Oct 17th, 2012 at 5:44 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Write a letter to the Superintendent and let it go. Your child recovered. Next time, take the note to school yourself and talk to the principal. Is there money to be paid? No.
Answered on Oct 17th, 2012 at 5:44 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Go talk to the school. Good luck.
Answered on Oct 17th, 2012 at 5:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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They "took her to the gym" but did they force her to participate in athletic activities? The doctor's note excuses her from participating, but she can still watch. If she did participate, did that make her injury worse? Call the school administrator and also talk to the teacher and explain specifically that your daughter is not to participate in athletic activities until cleared by the doctor.
Answered on Oct 17th, 2012 at 5:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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RIGHTS? YOU COMPLAIN TO THE PRINCIPAL WHAT ELSE IS THERE TO SUCH A THING? I HOPE YOU DON'T EXPECT TO MAKE MONEY ON SUCH A THING/ THERE IS A NOTION IN THIS CULTURE NOW IF YOU FIND SOMEONE MAKING A MISTAKE YOU CAN MAKE SOME MONEY ON IT. WE NEED TO REVISIT THAT NOTION.
Answered on Oct 17th, 2012 at 5:43 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I would go down and have a heart-to-heart talk with the principal. Unless the physical activity injured her somehow, having her hurt when she walked is no basis to institute litigation.
Answered on Oct 17th, 2012 at 5:42 PM