School Not Following Protocol for Injuries...

by Monique
(Anaheim, CA)

I'm concerned my daughter's school is not following protocol when she has been injured. One time, my 8 year old daughter went into her school's office and complained to the nurse she wasn't feeling well. The school nurse told her she looked fine and sent her back to class without even simply taking her temperature. My mother picked her up from school hours later and she had 102° fever.

A different day my daughter had been playing tag at school on the blacktop. The noon-yard supervisor told her to go run in the wet grass. She slipped in the mud, rolled her ankle and fractured it. My daughter was crying saying she couldn't walk on it because it hurt. The yard supervisor made her get up and hop to the school's office.

The office called my mother to pick her up and my mom asked if they had a wheelchair they said no. She asked what they normally do when a student injures themselves like my daughter did. They said they are supposed to call 911.

My daughter's ankle was fractured and my question is, why did they move her and why wasn't 911 called? Why was protocol not followed in both situations? Is there anything I can do about this? Thank you.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "School Not Following Protocol for Injuries...":

Monique (Anaheim, CA):

Contact the School Superintendent's office. Tell them what happened and ask them for a copy of the school district's policies regarding injured children. The policy has to be written and the best place to locate that information is through the School District's Superintendent's Office.

Once you know what the policy is you will be able to determine if your daughter's school violated that policy. If they did you certainly have a right to address those issues with the school's principal. Doing so might serve to help other children who may become injured on school property.

If you aren't satisfied with the response you get, contact the Superintendent's Office again and tell them you want to be included as a speaker at the next school board meeting. The school board meetings usually take place monthly. When it's your turn to speak you can address not only the Superintendent, but all of the school board's members.

By doing so you may be providing a public service. As a result of your "stepping up" to air your dissatisfaction you may force all of the other schools in the district to take notice and begin to fully comply with school policy regarding injured children and the appropriate response.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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