Edison, NJ asked in Education Law for New Jersey

Q: I have a question involving my daughter's school.

I got a call from my daughter's school. They told me that my 7 year old daughter was having an episode. That she was hitting staff and going crazy. They said that they had to use restraints, call the police, and had the school go into a shelter-in-place. They also called an ambulance telling me that she was going to be taken there to be evaluated. I was at work when I got this call and I felt like I was going to have a heart attack. I rushed to the school and found out that the child they had restrained was not my child. They had a completely different child. This was very traumatic for me and I can't stop thinking about it. I am wondering if this is any ground for a lawsuit.

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
Answered
  • Education Law Lawyer
  • Canton, OH

A: In a word, no. You have not stated any damages aside from an afternoon of convenience. Aee you requiring the attention of a therapist? Most likely the school will have sovereign immunity as to negligently advising the wrong parent.

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