Do I have a medical malpractice and/ or discrimination case against my sons doctor or school? He is a sickle cell patient.

Asked over 1 year ago - Conyers, GA

My son is a sickle cell patient in elementary school. He does well & has good grades. However, he misses alot of school due to pain issues related to sickle cell. When he does, I teach him at home. He has a 504 plan, & he had homebound services, but homebound services were canceled after a few months of use. His doctor insists that regardless of his pain, he should take his pain medicine and go to school. The school in turn has said that regardless of his conditions, if he misses even 1 day of school, I have to have a Doctor note, or they will start prosecuting me for truancy. I have notes from Orthopaedic surgeons who say thats unreasonable and am in the process of getting a 2nd opinion. My sons pain issues are WELL documented over the last 7 years. Isn't that malpractice & discr?

Attorney answers (5)

  1. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You may be trying to fit legal claims where they don't necessarily belong in order to solve a very real problem. It is not malpractice because someone at the school disagrees with the doctor, or even because another doctor might disagree if you get a second opinion. Not all doctors agree on treatment - that does not mean one is negligent (the same goes for lawyers and others who have different opinions). As far as "discrimination," schools "discriminate" against students absent from school and most require a doctor's excuse or other good excuse. That is not at all unlawful. A lawsuit, or threat, for general discrimination may also not solve the problem, which is presumably getting your child a good education. There seems to be a disconnect between the medical side and the school. The second opinion is a good start, and you should also be dealing with the district school office if you are not already. I also suggest you consult with a lawyer who specializes in representing children and parents who have special needs in school. It is a fairly specialized area, but if you are in Conyers there are lawyers in Metro Atlanta who handle these cases. It is NOT an issue for most lawyers who generally handle personal injury, discrimination, bankruptcy, etc. (including me), The lawyers will clearly state education law is a major part of their practice. Good luck! I am sure this is a stressful issue for both of you.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Best bet is to discuss with the principal.

  3. George Costas Andriotis

    Contributor Level 20

    4

    Lawyers agree

    Answered . This doesn't sound like malpractice but it certainly appears that it may be discrimination. Consult an attorney to discuss all the facts and specifics.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. David B Pittman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I don't see malpractice here but you may want to consult a lawyer who specializes in education law. There are quite a few on this website. Click on the find a lawyer tab or research to find one in your town,

  5. Robert Shannon Carpenter

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . It doesn't sound like malpractice, but it does sound like you have a very real issue. It might not be a bad idea to see if the Principle and your son's Doctor agree to a conference where you explain your concerns to both of them at the same time.

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