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I am very sorry for your son's situation.do you think this situation would warrant filing a personal injury lawsuit against the school/school system?
The answer is likely yes
. Allow me to explain. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence
," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, this may be a cause for negligence
. To establish a cause of action in negligence a plaintiff must prove the existence of four elements: a duty owed to him, a breach of that duty, a legally cognizable causal relationship between the breach of duty and the harm suffered, and damages. Jacques v. First Nat'l Bank, 515 A. 2d 756 - Md: Court of Appeals 1986
(internal citations omitted).
Here, arguably the school had a DUTY to watch over him carefully and to take reasonable, proper
action once he was injured. They arguably did not. The Courts in Maryland have stated:
"The doctrine that the relation of a school vis a vis a pupil is analogous to one who stands in loco parentis, with the result that a school is under a special duty to exercise reasonable care to protect a pupil from harm." Segerman v. Jones, 256 Md. 109, 123-24, 259 A.2d 794, 801 (1969); Restatement (Second) of Torts § 320 at 130 (1965); 2 Harper and James, The Law of Torts § 18.7 at 1058 (1956); Annot., 86 A.L.R.2d 489, 565-68 (1962); Annot., 32 A.L.R.2d 1163, 1178-81 (1953); Annot., 160 A.L.R. 7, 155-56 (1946).
This duty was arguably breached by the severely lacking response by the school's nurse.
An attorney is recommended, of course. May I recommend the Maryland Bar referral program by county - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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