Can I file against a teacher’s aide and school system for harming my autistic child?

UPDATED: Oct 1, 2022

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Can I file against a teacher’s aide and school system for harming my autistic child?

My son attends a public school system in Ohio. A teacher’s aide picked my son up and in the process hurt him leaving pinch marks and scratches on him. And then asked my son if he wants to go home with him. I know he was telling my grandson he would teach him how to behave. The local police said they wouldn’t press charges because teacher’s are upstanding citizens??? And my son probably hurt himself. They based their decisions without speaking to my son’s Dr. or my son, or child services. Child services found the teacher’s aide guilty and the Dr. also said the marks were consistent with being pinched and hurt by an adult.
The school system was going to let this male teacher’s aide continue working in the same school with my son.

When I threatened going to the media and that child services found him guilty, and they let him go from employment at the school.
Thank you for any help.

Asked on October 16, 2017 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is effectively nothing you can do through the legal system. The legal system (e.g. lawsuits) is designed to provide compensation for serious injuries which result in significant life impairment or disability or disfigurement, or for your out-of-pocket (not paid by insurance, Medicaid, etc.) medical bills. Pinch marks, scratches, and the like simply will not support getting sufficient compensation as to justify the time, effort, and cost of lawsuit.

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.

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