Legal Question in Personal Injury in Illinois
Special Education Student Injured At School
Our child is a special ed student with multiple disabilities including physical (is not able to walk, stand, crawl... but is working on ring sitting~ formally called ''Indian style''. The child is not able to transition from one position to another & requires an adult to do that.
This child has an IEP and is currently placed in a self-contained class for children with physical disabilities within the local school dist. Related services, including PT, were reduced by the school as they said that they weren�t �educationally necessary�. Parents tried to fight but only got a few minutes back into the IEP.
According to the report, the child was sitting on the floor. When the 1 on 1 aid repositioned the child, she heard a ''pop''. The child's leg fell to the floor & the child began to cry.
The child was taken to a local hospital only after the parent arrived at school & asked that an ambulance be called.
The child had a severe spiral break to the femur that required surgery to insert two rods. The child spent 3 days in the hospital.
Is the school dist responsible for the actions of their employee? For not proper training their employee? For pain and suffering to the child? For the parent's lost income? For medical bills?
2 Answers from Attorneys
Re: Special Education Student Injured At School
The school district is likely to be held responsible for the negligence of its employee. From what you say there is a good probability that you did not receive the whole story. You should speak with your doctor regarding how spiral fractures occur. As an Assistant State's Attorney I served in the Child Protection Division and spiral fractures did not take place from a simple "repositioning". It sounds like much more took place. Regarding medical bills, the child's pain and the parents' lost wages these may be compensable through legal action. If you wish to discuss your case further please call Carlton Odim our litigation partner at 312-578-9390.
Re: Special Education Student Injured At School
It is possible that you have a case. The aid who re-positioned the child and heard a "pop" has been careless. The School District should be responsible as the employers of the aid who carelessly injured the child.
My office can help you if you so choose.
Nima Taradji
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