Visitor Question

Injured by another student while unsupervised…

Submitted By: Bettina (Spring, TX)

My son was pushed by another student in the classroom. My son was injured by the edge of the white board and we had to take him to the ER because he had a gash about 2 inches deep. This all happened while the teacher stepped out of the classroom and left the children unsupervised. My son is in second grade.

I was told by the Principal that they would cover his medical bills. Now I just got a phone call from the safety director and he told us that “it is illegal for the school to pay any kind of medical bills, hospital bills, etc.”

My child is emotionally and physically traumatized. We are going to have to start taking him to a counselor to talk to because his whole attitude and self worth has made a drastic change, and not for the better.

Who is responsible for the medical fees? Isn’t the teacher negligent for leaving the children unsupervised? What can be done about this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Bettina,

You are saying your son was injured when he was pushed by another student, suffered a deep gash, and then taken to the emergency room. Other than the emergency room treatment, your son did not sustain any other injuries.

You state, “My child is emotionally and physically traumatized. We are going to have to start taking him to a counselor to talk to because his whole attitude and self worth has made a drastic change, and not for the better.”

In order to think about filing a personal injury claim for emotional trauma, you would need a medical narrative from a psychologist or psychiatrist linking your son’s trauma and required treatment to the injury. If your son was truly emotionally traumatized, it is likely his problems run deeper than the injury you described.

Whether or not the teacher was negligent requires a review of the school district’s policy regarding teachers leaving their classrooms for certain periods of time. Unless the teacher violated the school district’s policies, you will be responsible for your son’s medical bills and resulting costs of treatment for his emotional and physical injuries.

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

Best of luck,

Published: May 5, 2016

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