QUESTION

What is an educational malpractice?

Asked on Aug 05th, 2013 on Personal Injury - Louisiana
More details to this question:
You sue a Dr, lawyer, accountant and any other profession for malpractice. So why not a school for educational malpractice? For example when a school allows a student to graduate who canโ€™t read or do very basic math. Why should schools be element from malpractice?
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7 ANSWERS

Ronald A. Steinberg
I agree. However, learning is a 2-way street. The teachers cannot open up your kid's head and pour the knowledge into it. The kid HAS to work at learning; the teachers are just the means to that end. The kid probably should have been kept back when in the 1st or 2nd grade. That is a societal issue. YOu should get involved in the school board, go to meetings, and voice your concerns. The big problems are: 1) most kids are not properly prepared by their parents to go to school The TV is not a baby sitter, and that is what it is used for. Kids need to be read to, and then when showing that they are picking it up, to have the kid read to the parent. Ask them if they understand what they are reading. Ask them questions about applying what they are learning from reading to the world around them. 2) kids spend too much time watching TV and playing with computer games instead of outdoor activity, reading books, and interacting with other kids (and adults) face to face. 3) Most parents do not get involved incompelling the kids to study, nor do they go to parent teacher conferences and participate in the learing experience in school. I can go on and on. IT IS NOT JUST THE FAULT OF THE SCHOOLS, even though most schools are, in my opinion, administered by idiots, taught by idiots, and wasting time in the process. If parents gave a damn, and if they voiced their concerns in board of education meetings and directly to the principals and the teachers, things would change.
Answered on Sep 26th, 2013 at 5:08 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You are exactly right. But public schools all over America are doing it. They graduate mainly blacks else they be charged with racism. Schools and cuccicula arfe largely controlled by teacher unions who are concerned only with more pay and benefiit s for the teachers who don't teach. The system is rotten nationwide and now the progressives are attempting to make it one size fits all for the entire nation (all union controlled)
Answered on Aug 06th, 2013 at 2:15 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Several reasons: first, they don't have control over the situation; a doctor knows which kidney he's supposed to remove, so if he takes out the wrong one, he has control over which kidney he removed; if a lawyer misses the statute of limitations, he could have filed suit before the expiration; an accountant has control over the numbers he's calculating. A teacher has no control over the intelligence of the student, his study habits, his lifestyle challenges and may not have been given adequate materials to do his job. Also, a doctor, lawyer or accountant has a one-on-one confidential relationship with one client at a time, but a teacher is assigned to teach a whole class. Finally, in public schools, there is a degree of governmental immunity, so that if the government owes a duty to everybody, it does not owe a duty to any given individual, absent special circumstances.
Answered on Aug 06th, 2013 at 9:45 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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They should not be, but they are generally governmental entities and therefore exempt from suit.
Answered on Aug 05th, 2013 at 8:59 PM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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Someone did. Google "Cooley Law school suit."
Answered on Aug 05th, 2013 at 7:51 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Because of governmental immunity.
Answered on Aug 05th, 2013 at 7:51 PM

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Thomas Edward Gates
Because "school" deals with numerous teachers and administrators, while the other are individuals who have committed malpractice.
Answered on Aug 05th, 2013 at 7:51 PM

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