Failure to get medical attention for my daughter's broken wrists?
by Anonymous (CA)
My 8yr old daughter was on the swing at school when she fell and broke both wrists. The nurse called me and told me what happened, that she fell but said that she was okay and was given ice to put on them. I asked her advice, if I should take her to the hospital, she said she thought my daughter was okay and to just give her some motrin.
I was not going to give her motrin because then I really wouldn't know the extent of her pain. So I waited a while and took her to the emergency room. There I was told she broke both wrists. I was really upset and tears came to my eyes because I took the word of the nurse and left my baby in school in pain.
Is the nurse negligent for not recommending I immediately take her to the hospital? Or the school because they didn't get her medical attention immediately? Is there anything I can do about this? Thank you.
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Failure to get medical attention for my daughter's broken wrists?":
Your failure to give your daughter over the counter medication because you wanted to know "the extent of her pain" sounds like you really wanted to know how serious a personal injury claim you had against the school. It is incredulous any mother would withhold pain medication just to gauge how much pain their child was in.
Of course the nurse was negligent for not seeing the fractures. Moreover, the nurse should have called 911 to have the child stabilized and moved to a local hospital.
However, the nurse was not responsible for the fractures. There are no facts which support a finding of negligence against the nurse or school which could have caused the injury.
While the nurse may have been negligent in not quickly discerning the wrists were broken, a court would likely dismiss any claim you might bring against the nurse or the school district because of your failure mitigate your daughter’s pain.
As a parent, you had a legal and moral duty to take whatever action was necessary to mitigate your daughter's pain. You wholly failed to do so. The court would likely consider that as egregious.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.