Not entirely sure if this is the right area of law but I've made a guess. A few weeks ago my child's school called to report a headache and that my baby had thrown up a couple of times. My mother went to pick him up from school and found him in the nurse's office in an unresponsive state, drooling from the corner of his mouth and unable to move on his own, completely paralyzed. His lip was even blue. They let my mother wheel him out of the school in a wheelchair and we rushed him to the ER down the road ourselves where he was stabilized and flown to a hospital via lifelight.
The principal told my mother the next day we should be glad they gave us a wheelchair.
The superintendent told me that he read the statements and saw nothing wrong by policy.
I thought I signed a consent form for a reason, for them to acquire medical help for my baby and call 911 if needed. The nurse told my mother he was in her office 45 minutes before she called, but we don't know what state he was in for those 45 minutes.
I would like to know what can be done, if anything, because this feels like medical neglect to me and that my son suffered needlessly. He nearly died and I am glad that they called when they did, but he could have received help for his swollen brain much earlier, nearly an hour earlier if they had called when he first reported the intense headache pain that came with his vomiting. He became completely unable to even answer us with even a groan within 5 minutes of us having him there. He suffered seizures in the ER we took him to less than an hour after we got him there.
I was told we may not have much of a lawsuit or be able to do anything but tell them well gee thanks for ignoring him, so glad we lived just down the road and didn't have to drive further to save his life.
It was never determined by the hospital after a ct, eeg, mri, and spinal tap, but I asked the neurologist and described the state he was found in. She says it sounds like he had a seizure right in front of the nurse, who was in the room right in front of my son. His eyes were open the entire time and a trail of foam was coming out of his mouth, but he wasn't jerking.
choko_canyon
Consulting an attorney is free, and is a much better source of information on this kind of issue than we are. Find an attorney who specializes in medical malpractice and tell him your story. If you have a case, the attorney will let you know.
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Most likely would not win a lawsuit because you would to prove he had a loss. Does not sound like he had a loss. Also most states do not allow an individual to sue a school. We could never afford to have a public schools if we could sue schools.
Poohcat1
This is a touchy situation. It depends on what the school policy is regarding what the treatment allowances are for the staff. School nurses are not doctors and can not diagnose. She may have thought that he was just sleeping when she looked in on him. Only a doctor can tell you.
As to whether or not you might have a case, this would be determined more by any permanent damage being done, rather than the actions of the school.
towwwdothello
That's only the tip of the iceburg.
The nurse was responsible for calling 9-1-1; contact the State board of nursing and file a complaint.
Michael H
What was the diagnosis from the hospital when they treated him? What caused the edema to the brain?
I would be curious to know that before i tried to form an opinion.
Orignal From: did the school neglect my child?
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