During the warm up in gym, my child landed on her foot wrong, fell, and started crying. The gym teacher assisted her to the side to sit out to see if she felt better. He never went to check on her again. On Fridays, gym is from 1:30-2:15. She had no choice but to walk to class (unattended) and in pain. When she got to class, she informed the substitute what happened and asked to go to the nurse at 2:20pm- unattended. The nurse put ice on it, but never completely examined her foot, never called me, and was sent back to class, unattended. She got on/off the bus unattended and when I met her at the front door, I could clearly see she was in pain and limping. She told me what happened and I examined her myself and could tell that she needed medical care (pain to the touch, swollen foot/ankle). I took her to the ER and found out she has a 5th metatarsal fracture, will have to be on crutches for 6wks, and see an ortho.
My 10year old had to suffer in pain, was forced to walk unattended with a fracture, and “felt like nobody cared” (her words). This shouldn’t have happened and I should’ve been informed. She asked to carry a phone with her in case something happens and nobody helps her.
Sorry about what happened to your child. Hopefully, she will make a full recovery. But there is no case against the gym teacher or the nurse. Neither their actions or inactions caused the injury. While one or both of them should have probably done more (especially the nurse), there is unfortunately no law against being incompetent. Feel free to complain but the facts do not present a viable lawsuit, IMHO.
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I am sorry about what happened to your daughter. However, I don't see a claim here. Your daughter was not injured because of the school, she was injured because she fell. Unless you can show that her injury was made worse due to some conduct on the part of the school, and that conduct was negligent, then there would be no basis for a suit. However, I agree with you, you should have been informed and they could have dealt with the situation better. I would speak with the principal, and if s/he is not helpful, the school board.
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