should I claim against the school after a childs brain injury

(103 Posts)
shequeenb Sat 16-Feb-13 12:43:55

My dilema is that my son has been left with permanent double vision after a friend demonstrated a wwe move on in 4 years ago which put him in hospital. He has had double vision on and off ever since, but on the 9th September just gone his single vision just went on him and he has had double vision ever since. He has been seen at Morfields and we were told that he has this for live and nothing can correct it. He has since gone on to secondary school since the injury but the primary school know all about it. This injury was done in the dinner line. I have been back for a second hospital appointment and I was told one again that it could not be corrected and that the double vision stems from a brain injury most certainly caused by the trauma to his neck. The problem is my daghter still goes to the school, and I have always supported the school. I am not sure what to do, obviously this double vision has had a dramatic effect on him, he can only read 36 font size and now writes like an infant, so I need to try and sort a statement for him or laptop. We might have to consider a school that specialises with sight loss.

shequeenb Sat 16-Feb-13 20:57:58

Yes I have it in writing from Morfields eye hospital.

shequeenb Sat 16-Feb-13 21:04:21

Yes they do, but my dilema is the child is my sons friend. Also I have always and still support thes school. It is a well know fact that this happened all the school staff were aware of this. I wrote a letter recently to the head and handed it to him. I told him I just wanted him to know the facts about the outcome. He said he was very sorry. I WISH i WAS A RIGHT BITCH then I would not give a damn about who this caused a problem to

shequeenb Sat 16-Feb-13 21:07:40

All the staff and a lot of the parents knew about this, I do not know if it was logged as an accident or not, however the head teacher said of course he remembers and e is so sorry. I do not know if I can do this to the school.

memberofthestowmassiv Sat 16-Feb-13 21:15:42

It MUST have been logged as an accident if the outcome was so severe that your poor DS's sight has been damaged. Ask to look at the paperwork related to the incident to see how it was documented and to get a better picture of what exactly happened. It's tragic, and I feel for you, but if it was a genuine accident then suing anyone is not the way to go.

shequeenb Sat 16-Feb-13 21:16:39

This happened in the dinner line. The boy who is a friend said he wanted to show James the move (unfortunatley he is literally twice his size) you put your elbow in the backi of the neck and then yank the persons head back, bt unfortunately another friend fell on top of him and James had the whole impact of them both on his neck as he hit the ground. He was admitted to hospital had two mri's and was on a walking frame for 6 weeks. It took 6 months to get him discharged from hospital

shequeenb Sat 16-Feb-13 21:17:49

Thanks for your advice. Any ideas what the way to go might be.

Sparklingbrook Sat 16-Feb-13 21:20:37

Is it worth you starting a thread in Legal Matters on here shequeen? You may get advice from some more knowledgable about such things.

I am so, so sorry you are dealing with this. You must be heartbroken.x

shequeenb Sat 16-Feb-13 21:21:07

Thanks for your help.unfortunately James has double vision all the time and always will. No surgeryor eye exercises can help

Hassled Sat 16-Feb-13 21:22:40

The school does have a duty of care to ensure the health and safety of its pupils while on site. You would have to prove (I think - not a lawyer) that they were negligent in that duty of care - i.e. that there was something they could/should have done to prevent it happening.

I agree you need proper legal advice. One thing I wouldn't do, though, is worry about coming across as a bitch/antagonistic towards the school. They should be covered by insurance, usually through the Local Authority. Any award you get won't come directly out of the school budget.

Catsdontcare Sat 16-Feb-13 21:23:43

What an awful situation for your son. How old we're they when it happened?

I have no idea whether you can claim against the school. I would however imagine you could make a claim for DLA if you haven't already.

Maryz Sat 16-Feb-13 21:24:11

You know, I think this is the kind of case where I would sue.

I have no idea whether the school are negligent in any way, but the damage done to your son is serious and permanent. It will affect his life for the rest of his life. Everything he does in life will now be different from the type of life he would have lived had this not happened.

All schools are insured, and it is the insurance company who would be paying out, not the individual staff member or the boy, who may well just have been "messing". That is why we pay insurance.

A lump sum from a court case could give your son the type of financial help he needs to pay for extras he needs - from computers, to hospital treatment, to help with transport (he presumably will never drive).

I am in general anti suing for anything. Accidents happen, and I think it is disgusting that people sue for sprained wrists or tiny scars, or anything that is accidental and fixable.

But in your case, it is very, very different. You owe it to your son to try to narrow the gap between what his life will be and what it would have been - and money will really help with that.

For those who say "don't sue" - would you if it was a car accident? Of course you would. Cars are insured, schools are insured, pupils are insured.

Find a good solicitor and talk to them. Obviously you may not have a case, but you might.

I wish you all the best.

Sparklingbrook Sat 16-Feb-13 21:25:47

For the second time tonight, I am typing I agree with Maryz.

Virgil Sat 16-Feb-13 21:26:21

If you're going to look at suing then you need to act quickly since the limitation period for personal injury is three years. After that time you're too late. Sounds like you might already be out of time but you should check.

shequeenb Sat 16-Feb-13 21:26:27

Yes I am heartbroken. I registered with mymsnet today and was not sure where to pu my messgage. I'm sure I have posted this on the wrong board but I would like to thank everyone for the amazing response to my sons problem.

garlicbreeze Sat 16-Feb-13 21:27:23

Oh, the poor child sad You must have been through hell. I imagine everyone who was involved feels bad. It's still you and your family who've got to deal with the outcomes, though. My sympathies.

If you want to investigate legal redress, do please talk to a good solicitor with a specialism in the area. I agree the firms that advertise on TV are likely to make your life worse rather than better. Suing the school will, of course, ruin your ongoing relationship with it but, if your advice says you have a rock-solid case, it could be worth the sacrifice. It will, however, cause you a lot of stress on top of your existing problems.

I've got say it sounds more like a terrible accident than negligence, but I'm not the expert. Ask for a copy of the school's records and get proper advice.

Wishing DS as much patience, good humour and initiative as he needs smile

BOF Sat 16-Feb-13 21:29:01

I have to agree with Northern. It's shit, and I really sympathise with how awful this is, but it will suck so much of your energy trying to prove the school was negligent, which is by no means certain, when you need it all for supporting your son.

I am very very sorry for your situation though.

Catsdontcare Sat 16-Feb-13 21:29:01

There is a legal matters section you could post there to or you could click on report post at the top of your message and ask for the thread to be moved to legal matters.

Sparklingbrook Sat 16-Feb-13 21:29:41

You must be feeling every possible emotion shequeen. This has gone on for 4 years and you have now been told it's for life, that's a shock and a lot to take in.

Are you managing day to day with stuff you need to do and your DD? Do you have family support?

Maryz Sat 16-Feb-13 21:31:10

Virgil, I'm not sure that is true.

Here (Ireland) it is up to three years after the child turns 18 in the case of a child.

But it is certainly worth checking so you don't leave it too late.

Thanks Sparkling [preens]

I don't believe suing the school or the child need necessarily ruin your relationship with either. If it was my son who had caused such an injury (even though it was a complete accident) and I thought that the friend suing and getting money from the school insurance company would make his life easier I would back him all the way.

BlueberryHill Sat 16-Feb-13 21:33:28

I agree with Maryz, in everything that she says. Find a good solicitor, see what your options are, at least then you know if you have a case and need to make any decisions. It is very easy to say, but treat the legal case objectively, it isn't personal with the school or the teachers it is just about getting some help for your son.

frustratedworkingmum Sat 16-Feb-13 21:36:46

The school will have insurance so its not personal. The thing is, do you genuinely believe the school to be at fault? I mean, even the little boy who did this wasn't at fault was he, really? He wasn't trying to hurt your lad.
The only reason i say that is i am not sure if you have a case, but im not a lawyer so i dont know. I would definately try and get legal advice from a reputable firm and see what they say. It wont be straight forward and it may take years, but if the money will help your son then i think you should at least investigate the possibility of it.

Chubfuddler Sat 16-Feb-13 21:37:17

Limitation for a child is three years after their eighteenth birthday, not three years after the incident.

I'm really sorry op but I think you will really really struggle to establish negligence based on what you have said here. By all means get some advice from a local solicitor who is accredited by APIL. Headway may be able to offer some assistance too. But it sounds very dicey to me.

By the way virtually ALL solicitors acting in personal injury/clinical negligence cases act on no win no fee agreements. Doing so does not make someone an ambulance chaser.

shequeenb Sat 16-Feb-13 21:39:05

I am finding it really hard but I am a hypnotherapist so I am trying tgi dea with this and also trying to make sure my some is dealing with it, but I am devasted. I just can't believe that this freak accident could have happened. I lost my first son due to medical neglience so this really has hit me hard, but it snot about me. Jame's only saving grace is he plays lead guitar in a band. He was 14 a couple of weeks go. It is his normality he tells me, when we gets sent home from school he picks up the guitar. His sister then posts it on you tube. What ever makes him happy. Apparentl worse things happen at sea.

frustratedworkingmum Sat 16-Feb-13 21:40:04

can i just say, kindly, OP that you have mentioned yoru sons name on this thread - I assume that you wish to keep yourself private, it may be worth asking mnet to delete any posts that may identify you - just click on report and ask them to delete it.

shequeenb Sat 16-Feb-13 21:40:36

Thank you for your advice

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now