School Injury

[Mad Mom]

Jurisdiction

Massachusetts

My son, who has autism and is low-verbal, was injured in mid-May if this year when school staff supposedly tried to prevent him from hitting his head on his desk intentionally. ( He does not have a history of doing this). These staff are supposedly CPI trained. In any case, one of the staff clawed my son down the middle of his forehead. This was not merely a scratch-it was a quarter-inch wide gouge where several layers of skin were removed. I took pictures of his injuries when he got home, and I also took him to the pediatrician to have these injuries documented, mostly because that forehead looked so bad. Here we are six weeks later, and it looks like it will be a scar. I had asked school for an accident report, I was told by the nurse that she logs events in her computer, but it is not their practice to send home a written report. I believe that my son will have a scar. Any tips on what I should do at this point? I have a call in to one personal injury lawyer. Are there specific questions i should ask? Thank you.

 

[army judge]

Visit the attorney, in fact, visit at least three attorneys.
You simply tell the attorney what transpired, as to how your child became injured.
Take your son with you, so the attorney can meet him, too.
That will accomplish two things.
One, you'll see how the attorney treats and reacts to your son.
Two, it will allow you to observe how the attorney reacts to people that are unlike him or her.

The attorney will ask you questions, as well as interact with you.
You don't need to prepare, have a script, just make sure the attorney knows why you're seeking legal relief.

As far as your child, don't wait for the legal process to help him.
If his physicians believe he requires more treatment, surgery, or psychological counseling; just make sure he receives it.
He'll need the medical help when the medical personnel suggest it, regardless of how the legal stuff proceeds.
Good luck.

 

[Mad Mom]

Visit the attorney, in fact, visit at least three attorneys.
You simply tell the attorney what transpired, as to how your child became injured.
Take your son with you, so the attorney can meet him, too.
That will accomplish two things.
One, you'll see how the attorney treats and reacts to your son.
Two, it will allow you to observe how the attorney reacts to people that are unlike him or her.

The attorney will ask you questions, as well as interact with you.
You don't need to prepare, have a script, just make sure the attorney knows why you're seeking legal relief.

As far as your child, don't wait for the legal process to help him.
If his physicians believe he requires more treatment, surgery, or psychological counseling; just make sure he receives it.
He'll need the medical help when the medical personnel suggest it, regardless of how the legal stuff proceeds.
Good luck.

Thank you so much, Army Judge!

 

[ElleMD]

I'm not sure what you are looking for here. Money (and for what purpose)? Your child to be with a different teacher next year? Medical treatment reimbursement? A new IEP? Better medical care at the school? To talk to the staff/faculty member who scratched him (or was present when he was scratched by something)?

Many, many years in the education sector and each of the above has a different remedy. Speak with an attorney, but you will need to be clear what you are seeking exactly, and an attorney may not be necessary or the way to go depending upon what that is. Most will happily take their fee from you though.

I am very familiar with CPI and have training. CPI is not incompatible with the need for physical interventions. ALL kids act impulsively at times. ALL kids react differently to new situations, stimuli, and the environment. There is no one technique which works 100%, for 100% of students, every time.

 

[Mad Mom]

elleMD, my son was in two out of district placements that the district never properly oversaw. He was doing well in both plavements, was minimally behavioral, was making progress, and was happy. When problems arose ( once my son regressed, once I caught the lead administrator lying), I was the one with the problem, and bye-bye placement. The school my son is in now is in-district. These people are clueless. My son was behavioral from the day he started there. And he is self-injuring, and when they intervene, he is getting injured even more. I have been called multiple times from January when he started, to June. I am not sending him to summer school -which he needs -be cause of safety concerns. This district has a history of hiring people with minimal qualifications, at the expense of the children. Just like any special needs parent, I want accountability for my child's injuries and for him to be in an appropriate program. It is never about money for me. They need to create or locate, period. I just dont know what my options are. If he goes back, he will get injured again, I stake my life on it. I have an appt with a cvil rights lawyer this afternoon who was referred to me by the bar.

 

[ElleMD]

Not to be entirely cynical but I speak from some experience on this; I would not expect much to change because of a scratch. Especially with a child who self-harms or acts out. If you have reason to believe someone is purposely injuring your child that is different. If he has been injured other times, the nature and cause of those injuries is worth discussing when you do the IEP.

I don't know what happened to the two out of district placements or who is responsible for ending them, but the strong legal bias it to remain in district, so long as they can meet his needs. It may not be the absolute best available, but the law doesn't require the best available. I will say, on the whole, if he has 2 failed placements in the past, and you are trying to argue this 3rd placement in district isn't working either, right or wrong, it tends to be viewed as unrealistic parental expectations. You might be the exception, I don't know you or your son or the district, but you are going to have an uphill battle getting a 4th placement elsewhere, assuming there is a 4th appropriate option available. You will need to know what you want and have justification for it. You aren't going to get anyone fired unless you have proof they are purposely harming your child. You just aren't. You aren't going to change the state's established qualifications for these positions, at least not easily or soon.

You will need to document all of the issues, and what you did to try and resolve them through the proper channels. This scratch doesn't really sound like your issue and if that is what you center on, you just aren't going to get very far.

 

[Mad Mom]

ElleMD, thanks for your reply, but this is not merely a scratch, it is a gouge, and my son did not have these behavioral issues when outside of district. The reason he went out of district was because the district did not know how to work with autistic children, he had been behavioral to the point of exhaustion. My son is getting injured and I am not taking it lightly. He has also sustained other injuries (scratches and bruises) that did heal. These are also documented. As stated before, his behaviors were almost non-existant when out of district. I have never consulted a lawyer for injures.

This is an issue that definitely is the result of a large problem, and I am not looking for an education lawyer here. I am strictly trying to separate the injury from the special ed portion if possible. I know what my son needs educationally, and I am addressing that. Two failed placements equals a district wanting the placements to fail in order to get the child back into district. I know, I lived it. The only thng to save him will be neuropsyche and education evals.

If there are any other lawyers out there who have dealt with special needs children beng injured at school, feel free to jump in. I am only trying to focus on the injury.

 

[adjusterjack]

If there are any other lawyers out there who have dealt with special needs children beng injured at school, feel free to jump in. I am only trying to focus on the injury.

I'm no lawyer but I've had 35 years experience in the insurance industry, much of that involving negligence law and I can tell you that there is no negligence liability for causing a small injury (a gouge) to prevent a greater one (brain damage).

It's possible that your son's issues are more than ANY public school is equipped to handle but I doubt that you are willing to admit that.

 

[ElleMD]

School systems, and even private schools carry insurance to cover the costs of such incidents. I have been involved in such claims from every side possible, save the insurance carrier. Getting reimbursement for medical bills, if there are any, is a fairly straightforward process and does not imply any greater liability on behalf of the school, nor a finding of negligence. Kids get injured at school, just like a home. They fall, fight, use less than stellar judgment, act out, and all the other things they do which causes injury when anywhere else. Even the most watchful helicopter parent can not prevent all childhood injuries and a kid getting a scrape, bruise, cut, etc. Neither can a school.

 

[Mad Mom]

I'm no lawyer but I've had 35 years experience in the insurance industry, much of that involving negligence law and I can tell you that there is no negligence liability for causing a small injury (a gouge) to prevent a greater one (brain damage).

It's possible that your son's issues are more than ANY public school is equipped to handle but I doubt that you are willing to admit that.

Excuse me, I dont know who you thnk you are, but my son was in another public school system as well as in a private school previously, and had very few behaviors. I never had the issues that I have in-district. Therefore, I do have the right to make my statements. I did not post on this forum in order to be verbally abused by you and I don't appreciate your ignorance. Your attitude is what is wrong with this world and why I fight for my child.

YOU MAY NOT BE A LAWYER, BUT YOU SEEM TO THINK THAT YOU ARE A JUDGE.

And by the way, I already met with a lawyer this afternoon, and he will be consulting with his partner, who has supposedly handled many scar cases. This lawyer worked in the DA's office for many years before switching over to civil law, and Also has two children who were on IEPs, so he 'gets it'....unlike you.

If you cant be of any help, then please refrain from posting on this thread. I am here for help, not to be abused.

 

[adjusterjack]

I expected that response.

I already met with a lawyer this afternoon, and he will be consulting with his partner, who has supposedly handled many scar cases. This lawyer worked in the DA's office for many years before switching over to civil law, and Also has two children who were on IEPs, so he 'gets it'...

Then I guess you are no longer in need of any responses by anybody on this site.

Rely on the lawyer's advice.

 

[KatDini]

Lovely how the OG effect works across multiple sites.

 

[Mad Mom]

Sorry, KatDini, I am not sure what you are referring to.

I am requesting assistance from anyone who may have knowledge of the law here, and not any insults or disparity. Whomever adjusterjack is, his attitude is the first thing that needs adjusting. Sounds like a miserable person to me.

If you are reading this, you have been reported. I have also sent out a broadcast email to my many contacts with a link to this thread, and a message of my own stating to never use this site unless you like being harrassed.

You're a sick, evil person, adjusterjack. Stay off this thread, you troll.

 

[Mad Mom]

Visit the attorney, in fact, visit at least three attorneys.
You simply tell the attorney what transpired, as to how your child became injured.
Take your son with you, so the attorney can meet him, too.
That will accomplish two things.
One, you'll see how the attorney treats and reacts to your son.
Two, it will allow you to observe how the attorney reacts to people that are unlike him or her.

The attorney will ask you questions, as well as interact with you.
You don't need to prepare, have a script, just make sure the attorney knows why you're seeking legal relief.

As far as your child, don't wait for the legal process to help him.
If his physicians believe he requires more treatment, surgery, or psychological counseling; just make sure he receives it.
He'll need the medical help when the medical personnel suggest it, regardless of how the legal stuff proceeds.
Good luck.

Army judge, i am not sure if you are an administrator or not, but i really wanted someone to know that I feel that the poster 'adjusterjack' is making rude, harassing, and disparging comments on ths thread. I have reported him , but I am new here and do not see any contact person for problems or issues. It is my belief that he has violated this site's terms of use, number 6a. If you can address this, i would be very grateful. Thank you.

 

[Disabled Vet]

You can home school your child. Problem solved...

 

[Mad Mom]

You can home school your child. Problem solved...

Disabled vet,

Homeschooling robs the child of social interaction. Also, school districts will not send speech, OT, and PT therapists to homes, we would have to travel to school anyway for those services. Although homeschooling is always an option for all children, it is not in my son's best interest. Thanks anyway for your reply.

I am only looking for commentary on the injury issue, and would appreciate it if we could stick to that specific issue. Thanks....