Is my daughter's school liable for her asthma attack?
My daughter has moderate to severe asthma and has been out of physical education from the beginning of school to the first of November. She was released to return to PE with a running restriction. I spoke with the teacher and thought we were agreeing how to take care of the issue. That was two weeks ago and 3 days ago, my daughter ended up in the hospital for 2 days and nights due to an extremely bad asthma attack. The PE teacher told her she had to run up and down the length of the gym 10 times. She explained to him she couldn't do it and he told her that if she couldn't run that amount, then there was something seriously wrong with her. I would say Asthma is serious. Anyway, I was wondering if anyone knew what the liability on the school was. I now have a hospital bill, ambulance bill and emergency room bill that I have to pay because of this teacher. I would appreciate any help or comments about this. Thanks a bunch.
Wow, that's really scarey, Peggy! I'm so sorry your daughter went through that!<br />
I honestly don't know what the liabiity of the school would be. I've a friend who had the same kind of thing happen with her son who has a heart problem. It was very upsetting to think about what could have happened. Have you consulted a lawyer or talked to the school?<br />
Please let us know - how is your daughter doing now? How are YOU doing after something like this?<br />
Community Team<br />
Wow, I'm sorry that happened. I don't know if your school is liable- but if your daughter doesn't already- I'd get a 504 plan for your daughter. This should create some liablity for the school and really let teachers know how serious the problem really is. Good Luck.
That's horrible! So sorry. My son has mild asthma and carries an inhaler at school with a mediacl release form but for a child with severe asthma like your daughter I would look into the laws in your city and state. What the PE teacher did is unacceptable.