High School Concussion

D

Dan1122

Guest
Jurisdiction
West Virginia
My daughter received a concussion by being hit by a team mates tennis racquet. This was on the court during practice before a game. The tennis coach was not supervising the players. Now she has been unable to play for 10 days and she is taking concussion test at school. The technician says her tests are getting worse. We did not know about the worsening tests until yesterday. The technician never told us and my daughter thought everything was getting better. Now the technician wants us to take her to the doctor. I believe this is the right then to do but I believe the school should pay for the doctor visit. The school did not handle this well. There was poor supervision and not communication after the fact. Do I have any leg to stand on for doctor compensation fees? It is a public school in West Virginia.


Thanks
 
I'd have taken my child to see a physician when I first learned about the incident.
I wouldn't worry about reimbursement.
I'd do anything, spend anything to ensure my child was healthy.

The school isn't responsible for hitting your child.
If anyone is responsible, it's the other child.
However, children can't pay.
You'd have to sue the child's parents.
You won't prevail.
You have no case.
This was an unfortunate, unintended event.
You DO have a child who desperately requires medical care.
Good luck.
 
Do I have any leg to stand on for doctor compensation fees?

I wouldn't be so quick to say you have "no case."

There is a certain assumption of risk when students participate in sports and it's possible that you signed a waiver.

But that doesn't necessarily eliminate the possibility of an action for negligence against the school nor does it necessarily eliminate the possibility of an action against another student (or his/her parents) if, perhaps, the injury was caused intentionally or negligently.

There are just too many things that have not been revealed about what happened.

Just don't expect anybody to admit anything or hand over any money without a fight.

Beyond that, it's way past time to get your daughter seen and evaluated by medical professionals regardless of where the money might or might not come from.

Once you get her injury properly treated and she recovers, there will be time to consult a personal injury attorney and review your options.
 
Yes, there are far too many questions left unanswered and this would almost certainly require the assistance of a personal injury attorney. To begin, we don't know the age of the children participating nor the activities and whether someone was negligent in any way. For example, if the children were high school age playing doubles and the concussion happened to be the result of a tennis ball hit between players that resulted in an unavoidable accident, then supervision wouldn't have even mattered IF it was in issue.

Second, and very important, is whether a waiver was signed and, if so, what it states and the limitation of liability.

Third, we don't know the extent of the concussion injury. I highly doubt that any plaintiff will want simple doctor reimbursement for the diagnosis and not reimbursement for the entire cost of treatment if there was negligence - at minimum. If the school would agree to pay for the cost of the medical treatment, it would likely want to cap all damages related to the incident in one agreement. Hence a simple request "please just pay for our medical costs" doesn't leave the school in the simple position you believe it should. Without an agreement, the school paying for the doctor without any written agreement would leave it open to a later lawsuit claiming even more significant damages and with this payment offered as an admission of guilt and liability. So you should set your expectations in settlement to settling the entire matter at once, in writing. And a personal injury attorney would be the person with the most experience in handling, negotiating and drafting such a settlement agreement or file a case in court if it warrants such action. Good luck to you and your child.
 
Most schools have liability insurance which covers minor injuries of this sort without any admission of legal liability. Mishaps and accidents are a given with kids, even well supervised kids. They are still learning and their coordination is not fully developed as they are kids. Even in HS, their bodies are still developing and growing into their own skins. Ask the administration at the school about this.

I can't fathom my kid suffering a head injury and not taking them to a doctor immediately. A technician in a school is not a doctor. You are responsible for your child's health and well being, not the school health tech.
 
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