Legal Question in Personal Injury in South Carolina
Wrongful death suit
My daugther was in school and got sick in class. She complained of headache, shortness of breath and heavy sweating. She asked the teacher to allow her to go to nurse office. She was not allowed to go until the end of class. When she got to the nurses office, she was vomiting and could not stand up, not to cause disruption to class by calling the EMS, the school nurse called my daughers grandparents to pick her up and take her home. When my grandparents got there, my daughter was wheeled of the the school in wheel chair and due to her being unable to respond to her grandparents they immediately took her to the ER. Upon arrival at the ER she had difficulty breathing and a breathing tube was inserted to aid her in breathing, about 45 minutes later we where told that she had an anurism and there was no brain activity. She was taken off of life support on 03/18/08. We know it has has been a year, but would like to know if this would be worth pursing in court because the school did not call the EMS to get her the immediate medical attention that she needed, possibly saving her life.
2 Answers from Attorneys
Re: Wrongful death suit
I am sorry for your loss. It was completely appropriate for you to wait to pursue any claim while mourning the loss of your child. You are within the 3-year statute of limitations to file a claim in SC. It definitely sounds like a situation where the school may have some liability. If you would like to discuss it in greater detail, you may contact my office to schedule an appointment in person or by phone. We have lawyers licensed in NC and SC.
Re: Wrongful death suit
I feel very strongly of a possible law suit againt the school. I have handled a number of Wrongful Death cases over the years and therefore I have some immediate questions. These would put me in a far greater position to be as helpful as possible. If you could answer these and email me back or call me I can then give you the advise that you need.
1. How much time passed between her asking permission to go see the nurse and the end of class?
2. Did the school have any prior knowledge of any kind of her medical condition or any other condition?
3. How much time lapsed before the grandparents were called?
Obviously there would be a lot more information that would be needed, but these two questions are a good starting point.
Of crucial importance would be the medical reports and a medical professional evaluation of those reports and a professional opinion as to the liklihood that had she been able to go to the nurse then that may have made a difference. I would also like to know your daughter's age. From a legal stand point, the younger she is the greater the responsibiliy of the school.
Also, I mean no disrespect to the other attorney that answered this, but that individual is wrong about the Statute of Limitations. Most schools are either public or they recieve public funding. Therefore, any law suit would be not only againt the school but against the State and that is a 2 year Statute of Limitations.
Now, from a personal stand point, I offer my deepest sympathy for your loss.
If you could email me at [email protected] I can respond and in all liklihood will have a few follow up questions.
This site will not allow me to type my phone number here, but if you look by my name you will see it and are welcome to call.
Robert Johnston
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