Does a teacher, nurse, school employee have the legal right to pull a child’s tooth?

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Does a teacher, nurse, school employee have the legal right to pull a child’s tooth?

I am looking for any reference in te code that would clarify this. My child specifically told the teacher to noty to pull his tooth. The nurse had no idea. Our child’s pdiatric dtist said that the teacher should not have tried to pull the tooth and that the nurse should not try either.

Asked on April 11, 2012 under Personal Injury, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under common law under all states in this country, unless express permission is given by a child's parent or that some emergency situation has arisen necessitating the pulling (removal) of a child's tooth, a teacher, nurse or school employee does not have the legal right to do so. In such a situation where no emergency is present nor permission by a parent given, the touching and removal of the tooth is technically an assault and battery upon the child by the third person.


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