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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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