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

Asked on April 13, 2016 under Personal Injury, Colorado


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.