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7 year old son had head injury at school. School nurse said he didn't have a concussion. 8 months later headaches and pain

Lombard, IL |

In Sept 2012 my son bumped his head (very large bump on left side of forehead) I noticed when I picked him up at the end of the day and brought him back in the school to find out what happened. The nurse looked at him and said he did not have a concussion, gave him ice, and sent him home. He had no issues immediately after and I trusted that he was ok after the nurse looked at him. Now for the last month he has been complaining of headaches every day and pain in that spot. There is also a bump still there. Just last night I realized that it is the spot he bumped in school. Now, the nurse is lying and telling me she never said he didn't have a concussion. He needs an MRI and they do not want to have to pay for it. Shouldn't they be liable?

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Attorney answers 7

Posted

First, get him checked by a neurologist and have your own insurance pay for the MRI. Health is first.

Second, since we don't know what caused your son to get hurt, it is hard to know whether the school may be liable. Generally, schools are immune from most suits for negligence. Kids fall, bump into things, and get hurt, especially 7 year old boys. It is not legally possible for the school to be held liable for every kid who gets hurt while at school.

It would make sense to talk to an attorney who handles injury and school law cases to see if the school did anything that might be construed at serious enough to get around these immunities, for instance if there was a dangerous condition that other children had been injured on before and they were aware of this hazard. Most of us provide free consults.

Concussions are serious but also can be difficult to diagnose in children so there does not appear to be much the nurse did wrong, although I understand you were relying upon her word. Best to get him to a neurologist, who has expertise in pediatric concussions.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

The school is not an insurer. You are responsible for your son's care unless you claim that the school was negligent. You have not alleged any negligence.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Posted

My question is do you have medical insurance? If you think your son is having issues, take care of him first. I understand the injury happened in September 2012, why don't you take him to his pediatrician and get your doctors advice. Your doctor can evaluate and tell you whether he or she thinks further test are necessary. You can always deal with the school later. Take your son to be seen by a doctor first, not a lawyer.

Asker

Posted

He has an appointment today with a doctor, but I feel like the school should be responsible to pay for an MRI considering the nurse basically told me he was fine and did not have a concussion.

Josh P Tolin

Josh P Tolin

Posted

Even if he fell at the school, your policy would cover. Unless you have a clear defect like a hole he fell in, accidents happen, and if you have insurance, that's why you have it. If there is liability they generally just don't pay for tests.

Asker

Posted

Well, with my high deductable I'll end up paying for the whole thing out of pocket.. which doesn't seem fair to me considering it happened at school.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

A property owner is not liable just because someone gets hurt on the property. To hold the school liable, you have to establish fault to the level reqd in IL for suing schools. Your childs health is most important, so get him treated. If the nurse had said she suspects a concussion, you probably would have had an mri at that time. The cost isnt the issue. The question is whether the school is laible for the original injury, or a possible misdiagnosis. Have the pediatrician request a copy of the school nurse records. Then see a local lawyer.

Posted

Based on the information provided, they are not liable ( at this time) for the expense of an MRI. There may be a suit available if your son turns out to have been seriously injured as a result of a delay in diagnosis or due to negligent supervision, depending on the circumstances of how he was injured while at school. Hopefully, he is o.k

Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.

Posted

Not without negligence. You should take your son to a neurologist.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

And it would have to exceed ordinary negligence for the school to be liable.

Posted

Liable for what? 8 months after-the-fact your child started having headaches? Most parents would have taken their child to a pediatrician or to the hospital emergency room for follow-up care. School nurses do not have MRIs, x-ray machines nor the ability to order an MRI or x-ray. That is done by a doctor. Parents are responsible for getting appropriate medical treatment for their children. If you have health insurance for your child, it will pay for any needed tests.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Consult with an attorney in your location. You may find little basis for attempting to get them to pay for medical treatment.

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