Boy with Cerebral Palsy got arm broke by an LPN at his school...

by Andrea
(St. Louis, MO)

My nephew has Severe CP (Cerebral Palsy) and is in a wheelchair. He can't talk and has limited hearing and seeing. He is fed through his stomach with a feeding tube and has to be changed from his diapers. Last year my sister put him on the bus for school and when he got to school he had to have his diaper changed.

The LPN nurse took him in the bathroom to change him and the next thing you know the school is calling my sister to tell her that her son had a broken arm.

She went to the hospital and the doctors told her that her son's arm was broken. It wasn't broken when he went to school. The teacher at his school said that my sister broke his arm and had the police and the DFS go to my sister's house saying that she broke his arm. The doctors proved my sister didn't do it and that the LPN nurse and the school had done it.

Does my sister have any rights to sue the school and the LPN nurse that did this to my nephew? What recourse does she have? Any information you can give where we can get help would be much appreciated. Thank you.

Visitor Question:
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ANSWER for "Boy with Cerebral Palsy got arm broke by an LPN at his school...":

Andrea (St. Louis, MO):

It's difficult to understand how the doctors were able to prove your sister didn't do it and the school nurse did. In any event, because of the seriousness of the injury, you will require the assistance of a personal injury attorney. You or your sister would have a very difficult time pursuing the claim in your own.

As you've already learned, the school isn't going to admit they or their LPN were responsible for the injury.

Your attorney can rely on two things. First, the doctor's proof the injury was caused by the LPN, and second, the police report exonerating your sister from any culpability. Your attorney will likely run a background check on the LPN to determine if she has a history of abuse, or criminal action. A finding of past abuse or criminal action would be very helpful.

You failed to mention the results of the police report. If your sister didn't break your nephew's arm, and the LPN did, the LPN would surely have been arrested. If that's true, get a copy of the police report.

Make a copy of your son's medical records and bills directly related to his treatment for the broken arm. Also make a copy of any receipts for pain medication, bandages, and other out of pocket expenses spent to help with the treatment.

If your attorney is able to prove the LPN was responsible for your nephew's injuries, the school will be liable. In that case it is likely your attorney will pursue the school and not the LPN.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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