If my daughter broke her arm on school grounds and I was not notified at the time of incident nor when she was sent home, what is my recourse?

UPDATED: Feb 6, 2015

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If my daughter broke her arm on school grounds and I was not notified at the time of incident nor when she was sent home, what is my recourse?

School monitors weren’t there to assist and the health aide sent her back to class where she sat for a few more hours without getting checked. How do I go further with this situation? She now has to go surgery to put pins in her arm.

Asked on February 6, 2015 under Personal Injury, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fundamental question is, did the delay in treatment and notification make her arm worse, so that it was injured more, or she needs more extensive medical treatment or a longer recovery time, or will suffer some greater lasting detriment, than she would have experienced if there had been no delay? Or did the delay, as upsetting and wrong as it clearly was, not actually make the arm worse or cause you to spend more on medical treatment? The reason this is the fundamental question is that the law only provides compensation for actual injury, costs, or losses caused by wrongful behavior; if behavior was wrongfujl, but did not cause additonal injury, cost, etc. there is no compensation available. So the delays worsed the injury or caused great medical costs, you may have a viable lawsuit against the school; but if the delay did not change anything, you probably do not.

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 AttorneyPages.com 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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