Was a teacher wrong for ignoring my son's injury?
Question Details: My son 12 fell in history class and hit his head. His teacher left him on the floor crying for quite sometime as students were calling out and my son was crying faintly on the floor. The teacher continued the class. Then after they decided to acknowledge the students calling out to help my son he told my son to get up and walk himself to the nurse's office. I picked him up early from school that day and took him to the ER where he was diagnosed with a concussion. Was she negligent for not immediately getting him medical attention and then allowing him to walk alone with a head injury?
Negligence is the failure to exercise due care (that degree of care that a reasonable teacher would have exercised under the same or similar circumstances to prevent foreseeable harm). The teacher was negligent in not getting immediate medical attention for your son and having him walk to the nurse's office by himself.
The employer (school district) is liable for the negligence of its employee (teacher) which occurred in the course and scope of employment.
Prior to filing a lawsuit for negligence against the school district and teacher, it may be possible to settle the case with the school district's insurance carrier.
Notify the school district in writing of your son's personal injury claim.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports. Your son's claim filed with the school district's insurance carrier should include those items. Compensation for the medical bills is straight reimbursement. The medical reports document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the school district's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the school district and teacher.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled, the lawsuit on behalf of your son must be filed with the court prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.