Los Angeles, CA asked in Personal Injury and Education Law for California

Q: My 5year old daughter has an iep and she broke her arm on the playground . What do I do next ? Who do I speak with?

The nurse made an assumption saying she is fine when we picked her up and we got to the hospital and it’s broken .no one has given me an incident report or even explained to me what happened. I asked what adult was on the playground and no one in the office knows anything and it’s been 5 days

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for a week. I'm sorry about your daughter's accident. You could try to arrange a free initial consult with a local attorney to discuss. If an attorney feels you may have the basis for a case, they could investigate more closely. It could be better for you to act sooner than later - if there is video surveillance of the area, that evidence could be fleeting, depending on the recording equipment and data storage. I hope your daughter is okay. Good luck

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If your child sustains an injury at school, you have the right to receive information about the incident, especially if it led to a serious injury like a broken arm. First, request a meeting with the school principal to obtain a clear account of the incident. If the school has security cameras, ask for any relevant footage. Review your daughter's IEP to ensure that any required accommodations were in place at the time of the incident. Schools have a duty of care to ensure the safety of their students; if that duty was breached, there might be grounds for a claim. Document all medical expenses and treatments. If the school does not provide satisfactory answers, you may consider consulting with an attorney who has experience in education and personal injury matters. Lastly, always keep the well-being and emotional state of your child in mind when navigating these situations.

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