Was my daughter’s injury due to medical malpractice or negligence of her school?

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Was my daughter’s injury due to medical malpractice or negligence of her school?

My daughter Leila is 12 years old. She was injured last year during basketball practice. She suffered a complete MPFL tear and small meniscus tear and severe cartilage damage that required major surgery 5 months ago. Since she has been under doctor’s care and was not been cleared for gym class at school until a month ago and was allowed to resume gym class but with restrictions:

Asked on April 18, 2017 under Personal Injury, Michigan

Answers:

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

Answered 3 years ago | Contributor

This is not medical malpractice because the doctor's orders were not followed by the school.
Prior to filing a lawsuit for negligence against the school district, it may be possible to settle the case with the school district's insurance carrier.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in her treatment where no further improvement is anticipated, obtain her medical bills and medical reports.  Her personal injury 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 her injury 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 against the school district.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor and a minor cannot file a lawsuit herself.
If the case is NOT settled, the lawsuit for negligence against the school district must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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