Q: Am I negligent?
I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No bruising, swelling, redness, cuts, or abrasions. The student also played throughout recess and did not come to me indicating she had gotten hurt. I determined there was not an immediate cause for concern and that if it was still hurting when she got home it would be best for her to let her mom know. I told the student that she was going home in 15 minutes and that she could let mom know when she got home. She said ok and went back to her seat. Unfortunately the next day I found out her arm continued to hurt once she got and it was fractured. Was this an unreasonable response of me? Am I negligent?
A: I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these injuries earlier would have made a difference. It is the rare simple fracture - which is what this sound like - would have a better outcome with just slightly earlier treatment.
A: I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment consequence of the school taking disciplinary action or placing a negative performance review in your personnel file, that would require a lot more facts and understanding of the rules and regulations in place governing such a situation in the school. If you are a member of a teacher’s union you should seek legal guidance from them, as well as seek advice of an employment lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
