Good afternoon. I'll be assisting you with your question.
First off, I'm sorry to hear about your nephew's situation at school. I know these things can be very frustrating to deal with.
There are really two separate issues here. I'll address the nurse sending him on the bus with a laceration first.
The first question that you would want to address is whether a lawsuit for that would benefit you in any way. Based on what you've said, while probably poor judgment on the nurse's part, sending him on the bus and waiting to notify the parent does not appear to have caused him any injury. Had complications occurred as a result, or had the wound become infected because of those decisions, you may have a basis for a lawsuit, but, in this case, that does not appear to have happened. As such, there don't appear to be any legally recognizable damages.
It doesn't preclude you from bringing a lawsuit, but you would basically be spending thousands of dollars to recover very little. If the principle alone is worth it, you may have something to pursue. Just the expense of litigation is enough to get the school district to amend its policies and practices.
Regarding the bullying incident, you do have a right to sue for that as well. Students have a right to be free from bullying and sexual harassment while at school, and the school districts are charged with the duty to ensure that those rights are protected. In this case, it appears the district knew a particular student was a problem in that regard, and did not do enough to stop him. Of course, like most lawsuits, the devil is in the details. For example, the nature of the previous incidents with that student, what steps the district took, whether they followed their policy, and, if so, whether their policy is sufficient to protect students are all things that would determine if you could actually win.
However, you have the potential legal basis for a lawsuit. Whether you will win or not all depends on the details.
I really can't address your school district's policies. Different school districts have different policies on when the police are called. Generally speaking, however, if a student has to go to the hospital as a result, the district would call the police. Again, that is just a policy question decided by each district.
I don't disagree with you. But, to have a negligence lawsuit, you have to have three things: 1) the person was owed a duty of care (you clearly have that here); 2) the district breached that duty (you have an argument to make); and 3) a harm occurred as a result (you don't seem to have that). Duty, breach, harm. You can bring a lawsuit without harm, but the school district could get it dismissed easily. You could argue that there was additional pain and suffering as a result, which would give you some (albeit nominal) damages, which would allow you to pursue the lawsuit, but, like I said earlier, it would cost thousands of dollars. If the principal of the matter is worth it, then you (or your sister) is certainly free to pursue it.
Does that make sense?
No, with the bullying aspect, you have a case. I'm referring to the failures of the nurse.
There are pro bono lawyers, but it is very unlikely that one would take this sort of case. Generally, pro bono lawyers focus on family law cases, landlord-tenant, and much simpler cases that are typically fairly simple litigation and don't require experts and large scale litigation.
That said, here is contact information for pro bono legal services.
Glad to help. If I can't do anything else I can do for you, please remember to "rate" my answer before you go.
Good luck to you, your sister and your nephew.
My pleasure. Have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).