Is my child’s school neglecting her medical needs? What can I do?

She broke her foot at school. She was made to walk on it for 6 hours,
she tried to tell the teacher and the front office. Tried two times call
parents.

Asked on April 13, 2016 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only sue the school, district, and/or teacher (1) IF walking on it for 6 hours made the injury worse (e.g. longer recovery time; more medical costs; worse prognosis) and (2) for an amount of money commensurate with the increase in the severity of the injury. This last point may be the greater hurdle: if, say, this has slowed down your daughter's recovery by, say, a week or two, but will not cause lasting impairment, and will maybe cost you a tens, or even a few hundreds of dollars of additional medical costs (e.g. in copays for extra visits), it is not likely to be worthwhile to take legal action. Suing a school (or any governmental entity or employee) is more challenging and difficulty than suing a private person, and you could spend more time and money on the suit than it is worth.
You can, of course, complain to the superintendent or board of ed, both to try to get some satisfaction and to see if any compenstion is voluntaril offered to you.


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