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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My child was recently in a fight in school where he was

Customer Question

Hi. My child was recently in a fight in school where he was punch twice and he then wrapped his arms around the other student and brought him down. My child did not hit the other. My child was taken away while covered in blood. he asked to call is mom and he was denied. He went to the nurse and asked to call me again and they said no. I was not notified until over 2 hours later. My child ended up with 3 stitches on his chin, 4 on his lip and a displaced clavicle. I will say he was in a sling because his clavicle was already broken, but when doctors viewed is first X-ray to the X-ray after the fight they said it was worse and was displaced because of the fight. The other child was not injured.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: my question is, can they deny him a phone call to me?
Submitted: 10 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

I am very sorry to learn of your son's injuries, and the school's failure to perform their duties as required.

The school has an obligation to notify parents of a student's injuries - a broken clavicle and significant lacerations would certainly qualify as injuries that warrant notifying the parent immediately.

The school also has an obligation when acting "in loco parentis" to perform reasonable medical care or to provide for reasonable medical care (as indicated on the emergency contact cards filed with the school) to ensure that your child is seen by a healthcare provider of your choice promptly (waiting 2 hours in the nurse's office with a painful injury is not appropriate.

You can consider finding a local personal injury attorney to represent you - if you do decide to pursue this, make sure that the attorney you retain has experience suing government entities (these are very different types of lawsuits from general liability claims against private individuals, so you want someone with some experience at this), and the statute of limitations is much shorter so if you are interested in pursuing this you will need to move rather quickly.

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