I have a 9 year old in Lawrenceville GA. She was in gym class and the teacher had them running around the gym. The girl behind her fell forward and pushed my daughter into the gym wall. She broke her elbow when she hit the ground.
The gym teacher told my daughter it was her fault since she was running too close to the wall. This happened at 10:30am and I never received a phone call from the school. They sent her to the nurse and she gave my daughter an ice pack and told her to return to class.
When my daughter got off the bus after school her arm was swollen and she was crying. I immediately took her to the hospital and found out she will need to go to an orthopedic surgeon.
I believe the school should be held responsible for the fact she should have had immediate medical care right away. Instead they told her when she gets home, “tell your mom to bring you to the doctor.” What are my rights? 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.
You have every right to be upset. The school nurse should have called you, at least to inform you of your daughter’ injury. However, not doing so is was not a violation of any Georgia statute (law).
The school or any of its workers did not cause your daughter’s injury. As a result, their liability is questionable. While the gym teacher’s statement to your daughter seems to have been totally inappropriate, such a statement does not attach liability for your daughter’s injuries.
Based on the facts you provided, your daughter’s only injury was a swollen arm. Hopefully, that will be all she suffers. In any event, while the school appears not to have been liable for your daughter’s injuries, you may still approach the school principal and ask that your daughter’s medical bills be covered.
In some cases, school districts will agree to provide coverage, or reimburse an injured student’s parents for reasonable medical bills. However, without proof of school negligence, any offer of compensation made to you will be voluntarily.
Learn more here: School Gym Class Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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