Visitor Question

School negligence results in child contracting lyme disease…

Submitted By: Rachel (Bradford, PA)

My son got bit by a tick at the private school he attends. An incident report was not filled out and we as his parents weren’t notified. His teacher took the tick out of his neck. He’s now been diagnosed with lyme disease as of last week.

Isn’t this negligence on the part of the teacher and the school? We should have been notified, an incident report should have been filed and my son should have been checked out by a doctor. Is there anything we can do?

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 Rachel,

You may have a legitimate cause of action against the school. School administrators, especially private ones, should know better than to allow a teacher to remove a tick from a student without consulting with the school nurse or other health professional.

There may be an exception to the teacher’s prohibition from removing the tick. If the school hadn’t provided to the teacher some educational instructions about what to do if a child is bitten by a tick and the teacher was convinced the tick was causing or about to cause serious bodily injury or death to the child, she may be excused from personal liability.

The school should have had some type of seminar or other educational format to alert teachers to the danger and proper treatment of ticks which attach themselves to students.

Certainly your child should have been examined by a medical professional at or about the time he was bitten. An incident report should also have been created at the same time.

There are some cases which should be reviewed by qualified personal injury attorneys. This seems certainly to be one of those.

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: October 14, 2011

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