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My child broke his nose at school when he turned around suddenly and ran into a locker. He went to the school nurse with a bloody nose and the nurse just told him to go home without treating him. Our doctor said he’ll need surgery now and maybe again when he’s done growing. Is the school or the nurse liable for my son’s medical bills?

My child broke his nose at school when he turned around suddenly and ran into a locker. He went to the school nurse with a bloody nose and the nurse just told him to go home without treating him. Our doctor said he’ll need surgery now and maybe again when he’s done growing. Is the school or the nurse liable for my son’s medical bills?

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A: No. Unless the school placed the lockers in a completely inappropriate location where a person could be reasonably certain they should not be, then the school is not liable. The nurse may be liable for the unecessary pain your child suufered because she failed to treat him. However, her failure to treat him most likely did not cause the need for surgery. Her actions were certainly insensitive and demonstrated a lack of caring on her part. She certainly did not perform her job well at all and likely caused him several hours of unecessary pain by leaving him untreated. Legally, however, these cases are difficult because prosecuting a negligence case is expensive and the monetary recovery in this situation would not justify filing suit.


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