Legal Question in Personal Injury in Texas

Not entirely sure if this is the right area of law but I've made a guess. A few weeks ago my child's school called to report a headache and that my baby had thrown up a couple of times. My mother went to pick him up from school and found him in the nurse's office in an unresponsive state, drooling from the corner of his mouth and unable to move on his own, completely paralyzed. His lip was even blue. They let my mother wheel him out of the school in a wheelchair and we rushed him to the ER down the road ourselves where he was stabilized and flown to a hospital via lifelight.

The principal told my mother the next day we should be glad they gave us a wheelchair.

The superintendent told me that he read the statements and saw nothing wrong by policy.

I thought I signed a consent form for a reason, for them to acquire medical help for my baby and call 911 if needed. The nurse told my mother he was in her office 45 minutes before she called, but we don't know what state he was in for those 45 minutes.

I would like to know what can be done, if anything, because this feels like medical neglect to me and that my son suffered needlessly. He nearly died and I am glad that they called when they did, but he could have received help for his swollen brain much earlier, nearly an hour earlier if they had called when he first reported the intense headache pain that came with his vomiting.


Asked on 3/06/10, 11:24 am

1 Answer from Attorneys

Jason Kipness Kipness Law Firm

There may be a claim against the school or nurse, depending on if the school is private or public.

DO NOT DO THIS WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company for the school is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may a claim to recover: (1) medical bills and compensation for pain, impairment of your child.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454 and my office is in Dallas.

Please visit the links below for free information about Dallas child injur claims. You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

Jason Kipness

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Answered on 3/11/10, 11:31 am


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