Mother Files Sued After Child Paralyzed Leaving School
A mother has filed a $50 million lawsuit against a D.C. charter school after her son was struck by a vehicle and paralyzed from the neck down leaving him a quadriplegic for the rest of his life. The boy’s lungs were badly damaged in the accident and he was on life support for weeks. As of the latest update, the boy died of his injuries having survived 6 months through medical intervention.
It remains unclear what happened, but the mother was in the front office waiting for her child when he exited the parking lot and was struck by a vehicle. Why no one was with him and why he wasn’t delivered to the front desk remain unclear. The boy died after a breathing tube fell out of his mouth while under the care of the hospital.
The plaintiffs are considering further action against the hospital which allowed the boy’s breathing tube to fall out. The boy was supposed to be under 20-hour care. It remains unclear why no one was monitoring him at the time he choked to death.
The owners of the vehicle, the driver, and the school have all been named in the lawsuit thus far. It appears that not one person who was entrusted with his care did right by this boy.
Defendant number one is the school. They were entrusted with the boy’s care, lost track of him, allowed him to wander off the campus, and eventually he was killed while his mother waited for him. Since the school was responsible for the boy and since several internal school policies were violated, the plaintiff can file a lawsuit against the school, the district, and related negligent parties.
It’s not clear that the driver is at fault for the accident or not, but in most states, the driver’s insurer would be responsible for the claim up to the policy amount. In a case like this, the damages will far exceed the coverage of your typical auto policy. The driver did not allow the situation to spiral out of control. The driver is the least responsible party in a case like this.
There were no nurses around when the boy’s breathing tube slipped out and he asphyxiated. Why? No one knows. Had they been around, they may have replaced the tube and the boy would still be alive. Since the hospital is responsible for his care, they are responsible for failing to provide needed care.
The bottom line
They’re all responsible, but the school is responsible for allowing the situation to spiral out of control in the first place. Since they are the first in the chain of events that led to the boy’s death, the burden of responsibility will fall primarily on them with a separate cause of action against the hospital relating to negligent medical care.
Talk to a Miami Personal Injury Lawyer Today
The Miami personal injury lawyers at Payer Law help injured plaintiffs recover damages related to injuries caused by negligence. Call today to schedule a free consultation and learn more about how we can help.