does child have claim against school school nurse ?

Daughter diagnosed with ITP, who clearly stated this before receiving HPV vaccine by school nurse. After receiving vaccine child was ill after reading warnings and precautions provided by nurse it stated that vaccine should not be given to person with bleeding disorder.

Asked on April 13, 2016 under Malpractice Law, Alaska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.
Your daughter's claim should be filed with the school district's insurance carrier.  The nurse is an employee of the school district and the school district (employer) is liable for the negligence of its employee which occurred during the course and scope of employment.
When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports.  Your daughter'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 will document the nature and extent of your daughter's condition/ailment 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 on behalf of your daughter against the school district.  Both the nurse and school district should be named as defendants in the lawsuit.  Since your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
If the case is NOT settled with the school district's insurance carrier, your daughter's lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.
 


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