Not providing asthma inhaler?

by Angela
(Columbus, Ohio)

Over a period of 2 months my child received her asthma inhaler 8 times while at school, she was supposed to receive it daily. Needless to say, I contacted the hire up people of the school and they assured me it would be addressed. I tested their assurances by bringing in a brand new inhaler, so I could track the usage.

Out of 4 days, it was only used 2 times. I took my child out of the school because I felt theyl was not competent in taking care of my child. At this time, I asked to be reimbursed for enrollment fees, uniforms, book fees, etc. The lady handling this offered me $30. This is nowhere what it cost me.

Can I file a complaint about the lack of appropriate treatment in not giving my child her inhaler? Is it possible I can sue in small claims court? Is there anything I should be aware of? Thank you for any info.

Visitor Question:
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ANSWER for "Not providing asthma inhaler?":

Angela (Columbus, Ohio):

It doesn't appear like you have the basis for a legal claim against the school or the school district. Fortunately, your child was not injured. If the school's improper administration of your child's asthma inhaler caused her to suffer identifiable and verifiable injuries, you would likely have the basis of a personal injury claim against the school and/or school district.

In your child's case, the failure of the school to reimburse you for enrollment fees, uniforms, book fees, etc. may be the basis of a small claims action. Unless the amount is substantial, you might not want to go through the stressful process of filing a small claims lawsuit and appearing for trial.

If your daughter's school administrator won't cooperate by refunding the amounts you requested, contact the school district. Write a letter explaining what happened. Ask to be fully reimbursed. While there doesn't appear to be any legal basis for the school district to reimburse you, they may do so based on the underlying circumstances.

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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