I never thought I would be the type

[Hellrazor]

Jesse,

Hopefully everything works out well for you and your son. Steve and Jeffrey give some excellent advice. I work for a school so I will throw in my 2 cents. I do not know what state you are in, I am familiar with the things here in PA. I am not pro-lawsuit, in fact I am the opposite. But this is one case where someone needs to pay the piper. Kids will be kids when it comes to fighting, but when weapons come into play, you need to draw the line.

1. The other student used a weapon during an assault. Make sure he is charged accordingly. If it was PA, he would be expelled automaticly for possession of a weapon, let alone the assault. A weapon is basically defined as anything that can be used to cause physical harm.

2. The school nurse SHOULD have called for an ambulance if there was heavy bleeding and then called you to see what to do. At minimum the ambulance crew could have done a better job to stop the bleeding until futher direction could be given. I am not sure about the requirements for a school nurse in your state. In PA a "School Nurse" has to be an RN with a school nurse cert. A nurse without the school nurse degree (RN, LPN) can work in a school but must work under a properly certified school nurse.

3. Its not uncommon to see a shop teacher dealing with office work while the kids work in the shop. They do not keep all their stuff in a dusty & dirty environment. I'm not going to throw judgement there. I perfer to blame the system and not the employee in most cases. Letting your son walk down the hall bleeding was poor judgement. But.. I doubt they have been trained what to do in a situation like that. The typical 4 rubber gloves and a few bandaids each room has doesn't cut it in this case.

4. Find a good LOCAL lawyer. Remember that criminal charges and civil charges are 2 different beasts. They can hire OJs lawyers to get it down to simple assault but you can file civil and hammer away.

5. Do NOT talk the other family. If they insist on trying to talk to you, let your lawyer draft a letter as a reply. If they become a PITA or confrontational, have your lawyer file for a restraining order. You don't want to be a total turd, but you do not want to offer any information to them either. What they don't know, they can't easily defend against.

6. Make sure the school district knows you are not going to let this go away. If you have to go to the Superintendant to make your voice heard.. do it.

7. Make sure future care costs are considered. I think Jeffrey mentioned the $1million maximum for insurance. I know thats the "lifetime max" on our policy at work. You could work there 1 year and max out or your could work there 30 years and max out. Its a rather pathetic clause that our gov is too stupid to take action on.

Good Luck..

[gjat]

It seems you've received plenty of advise and propbably don't need any more.


But how is your son doing?

[jessrice]

Yes, thanks to all for your advice, it has helped me clear the mental hurdle of suing someone for their lack of judgement and responsibility.

My son is doing a lot better than expected by the doctors, which is great, and if he didn't recover any more we are just happy he is as good as he is.

He returned to school on Monday and has managed to make it everyday so far. I guess yesterday, he got a little sleepy in his last class, and the teacher got his attention and got him going on task again.

The school is doing everything to accommodate him so far. He is back in metal shop, but he cant wear safety glasses yet due to the stitches and some swelling, but maybe by next week.

They replaced his PE/gym class with a computer tech class, which is super boring, but required, so I told him he might as well get it done.

Overall, he is still having some memory issues, like not recalling where we keep the glasses, and not seeing what he is looking for even though it is right in front of him. His vision is good, but i don't think he is fully putting his mental images together yet. An example is when he was looking for a napkin, and they were in front of him, but until my wife put it in his hand he didn't "put it together".

His hearing is also fading in and out every once in a while, and his sense of smell has become super strong, with heavy scents like laundry detergent or fragrances really over powering him. The cleaning product aisle at the store is out for now, although he could smell the bakery from a long way.

He did finally have a minor break down last night, that might have bordered on depression. He went to bed right after his shower, and when i went looking for him he was sorta crying and upset, wanting to know why it happened, and why his life has to be changed so much now. I think the realization of not being able to do play baseball, or football, start drivers ed, work at the farm, or do wake boarding, or jet skiing for the next 12 months has finally set in.

I can definitely feel for him, although we were never the "bet it all on a sport scholarship" type of parents, he has put a tremendous amount of time and energy into football, including the award for most days in the weight room last summer, and being a told he would be starting for both JV and Varsity ball this next year. Now he feels lost.

Plus we have a large amount of doctor appointments over this next year, to monitor the surgery and recovery, including a neuropsychologist that will help determine if anything is permanently damaged and how the brain can be retaught. He panicked thinking it was the same as a psychiatrist and told me last nite he wasn't lying on a sofa telling his feelings to anyone!

I think after about an hour looking at the positives that it wasn't worse, and that we can find new things to do for the next year, he did feel better. I also explained to him in more detail what each specialist was for, so he is a little better. i have had a hard time decing exactly what to tell him, not wanting him to be worried, either way. He still doesnt know the extent of the damaged discoverd by the surgeon, but i dont want him to fit any paticular "mold", so we havent filled him in on all of the possiblities. We might never see them.

The doctor and some research i have been doing has indicated that the things he is experiencing from the hearing to depression are common with this type of injury, so we have been expecting some of them. There are about 15 other areas that are sometimes affected as well, which he isn't experiencing, so again we are just happy he is where he is. The doctor also told us as some swelling goes down and the brain retrains itself, he might not have any issues in another 6-8 weeks. We can hope.

As far as the advice, i have been looking into many different things such as lifetime insurance caps, the possibility of him getting affordable medical coverage in the future with a pre existing injury, and that he may not be able to perform certain jobs in the future, including going into the service, until he was old enough to get into a law enforcement academy. I guess the service likes to have good heads to start with!

So in light of all these things, and abuot a dozen other things i haven't even thought of yet, i have found an attorney that specializes in traumatic brain injury, for the last 25 years, has written many books of the subject, and has also produced documentaries for doctors and specialists.

I figure he should know what we need to look out for in the future. I was kinda scared during our initial interview, but he seems very knowledgeable, gave us some good advice about doctors in our area, and said that he only takes 10% or less of the cases that people call him about. He also said that it will be another month while he reviews what we told him, and share notes about the doctors followup visits, before he will decide to take our case. Which makes me believe that he has integrity and isn't an "ambulance chaser" which makes me feel more comfortable about suing.

I also cant imagine him not taking the case with the student, school, and first hospital having some culpability, and easily identifiable damages. So that is all the further i am going right now.

A far as the other kid, the case has been passed to the district attorney, and we meet wiht him soon to talk about what possible charges and punishments that are avaialbe to teens. The Captain of the detectives said it was one of the best written case reports they have recieved so i am confident that it will be a sucessful case, whatever the punishment.


So thanks again for all of the input and thoughts,

jesse

[gsmittle]

Best wishes to you, your family, and especially your son.

I teach in a high school, and I'm mystified that the teacher would let kids run machinery while he's out of the room. That's just plain poor classroom management. On the other hand, where's the telephone? I can't count the times I've had to deal with a parent while class is in session. I guess what I'm saying is that perhaps it wasn't paperwork keeping Teach in the office.

All the same, ultimately the teacher is the one who has to supervise his students.

Up until this year I taught stagecraft, which meant using power tools. I can't EVER think of a time when tools were in use that I wasn't in the same room. It just doesn't make sense.....

You've gotten plenty of advise. Do what needs to be done--suing for cause isn't the same as suing for opportunity. I had to take a couple of days off for a minor injury one summer because I slipped in some water and the aluminum bin I was carrying crashed down on one knee. It was my own **** fault, but I must have gotten 100 lawyer's cards from coworkers. They all said I should sue and "make yourself some money." I didn't.

Good luck, whatever happens!

g.

[gjat]

Sounds great, Jesse! Stay involved and be responsive to your son's needs. I have a daughter who was seriously injured at school. We didn't sue or get a lawyer because I had insurance and it was a Church school. It only cost me a few grand, but there are other health things 10 years later that I worry may have been influenced by her injury years ago. I never thought about getting a lawyer and talking to a few doctors just to make sure we did right by our daughter. We didn't have a desire to punish the school or get some cash windfall, but looking back now, we may have not done everything for our daughter we could have. Thankfully, her issues don't seriously impact quality or length of life, but it's a lesson learned.

[Greg in Maryland]

The doctor and some research i have been doing has indicated that the things he is experiencing from the hearing to depression are common with this type of injury, so we have been expecting some of them.

Jesse

I strongly recommend that you get counseling or therapy for your son and perhaps your entire family. [Disclaimer: My wife is a Marriage and Family Therapist] This injury has impacted him, and both you and your wife in major ways. He will need help going through this journey he is on and your wife will need help in guiding him through this as well.

Here is a link to some information on The Children’s Hospital of Philadelphia injury and trauma website: http://stokes.chop.edu/programs/inju...ury_stress.php CHOP is reputable hospital and their resources are well worth exploring. You also might do a search on Amazon.com, the internet or your local library/book store for additional resources.

My thoughts are prayers are with your son and your family.

Good luck and let us know how he does.

Greg

[TheRic]

Glad to hear he is doing better. The brain is an amazing thing. Hopefully it will rewire itself better than before.

IF you look for down sides, then you will only see those. IF you look for good sides then you will only see those. Please look only for the good things!!

[ragswl4]

Must be a Nightmare

I cannot imagine the agony and anxiety that you and your family have suffered. The worst thing that can happen to a parent is to see one of their children harmed and suffering, especially over something so trival. I can only hope that your son recovers completely and that this comes to an end sooner than later. God bless your son and your family.

[KenBurris]

Jesse, I wish your son the best. The only comment I can make, which goes toward both the medical and legal aspects, is that time will tell... a stroke this year "killed" part of my brain(luckily, a small one), and all the docs and therapists reiterate that recovery depends on the cells creating alternate paths, which takes time.The physical and occupational therapies will help immensely. He seems to be making excellent progress so far, so hopefully he will make a complete recovery in a short time, but the legal aspect should also take into account a longer recovery time. All the best.
Ken

[jwaterdawg]

Still praying for your son and family. Glad to hear he's doing better than you first thought he might. He sounds like a tough kid with goals for himself which is a super definite plus for a great recovery. Hang in there.

[430752]

Absolutley

First, may your son recover well and that you and your family remain strong.

Next, absolutely go get a lawyer. Why not?

I understand you're not too keen on suing. And as a lawyer mysself (not medmal or any tort lawsuit stuff) I agree that we've become way too litigious. But, you've got to understand that lawsuits are what hold our society togehter and serve a purpose. You should not look down on them, but only when someone abuses the process.

Here's the reason our founding fathers put such a robust legal system in place: they knew sometimes things can't get resolved between men, and that it was better to place such disputes before a truely nuetral and fair tribunal so that no one could complain of the integrity of the process and would have to live with the decision whatever it might be. The alternate option? well, when people argue of something and there is no opportunity to go elsewhere, people end up hitting one another, shooting one another, or plotting cold, calculated revenge. Think of yourself. You'll slowly grow more angry, more bitter, especially if your son doesn't do as well as we all hope. If you don't get the opportunity to hold someone accountable in a civlized and reasonable way, you might start going after the kid or the shop teacher or etc.

So, lawsuits serve an important function where they're warranted. And I think here it is warranted. You shouldn't be looking to stirke it rich or obtain some sort of eternal ****ation of the other kid or shop teacher, but rather seek a full and open investigation as to who did what, when and why, and IF someone has truly acted improperly, then obtain some sort of protection for your son. And yes, you absolutely must protect your son because he may very well need therapy for the rest of his life. He may not be able to drive, or drive at all times. He may not be the son he otherwise would have been. THis must be hard for you, it is for me to think about it as a father myself, but this is what fathers do: protect their families and stay strong while those around you go to mush. Only when you've held your family together and your son is reasonably stable do you go to mush yourself. In the meantime, do the hardwork and start the process of a lawsuit.

All in my opinion.

curt j.

[Ryan G]

I hope your son is progressing well on his road to recovery. I have been praying for him and your family. I would like to make one suggestion that you may want to consider. My experience is in law enforcement but I have also been involved with a few civil trials. My recommendations is that you should think about asking Sam to remove your initial post and follow-up reply. I know that may seem a little over board, but for the same reason that you have instructed your son not to talk to anyone about the incident and you have not spoken with the other student's parents, you may not want them to see your comments on how the incident happened or know your opinions on how well you think your son is recovering. Granted, the chances are slim that they would ever see the posts, but if the case gets any publicity, it only takes one person that frequents this site and knows the other family to make it happen. I can tell that this thread has been helpful to you, but it would be a shame if it somehow hurt your case down the road. This is only a suggestion, but you should at least mention it to your lawyer and get his opinion on it. God bless you and your family.
Ryan

[billwmeyer]

Your son and your family will be in my prayers. I hope he has a complete recovery.

I can't imagine that in today's safety consious society, that a school would not have a policy that the shop teacher or some qualified adult must be around power equipment run by underage students. I am sure that the shop teacher not being present is not an isolated incident, and also sure that the school authorities would be aware of the situation. This is neglect and an endangerment to the students. My shop teacher wasn't great, but he or a student teacher was always present.

Do not feel bad about getting a lawyer, you are protecting your son.
Bill

[Hellrazor]

Bill,

Our shop setup has an office that utilizes glass panels on the 2 walls that face into the shop. So even if a teacher walks into the office, the whole shop is still visable and no work area is more than 50' away. If I am not mistaken the one kill switch for all of the power tool relays is in the office.

[davethegolfer]

Hire an attorney

Sorry for all the pain you and your son have and will endure. I have worked with and around attorneys and courts for thiry years being an expert witness many times in civil cases. None are medical related, but the process is the same. Forget any hesitation about not hiring an attorney and get one soon. Talk to at least two or three before deciding on one. You don't really have a choice. You can bet that the insurance carrier for the other boy already has an attorney and the boys parents will probably get one also if they don't rely on the insurance carriers attorney. You can also bet that the school district has already turned this over to their attorney. You really don't want to represent yourself when the other side has attorneys involved.

In your situation, you will need an attorney since the costs are open ended and non-estimable now. You don't know the long term effects of the injury or what the costs might be over the next few years or possibly the rest of his life. If there are continuing medical costs beyond the period when your son is not covered by your insurance, you certainly want protection against that. As you have already found out, there are also consequential costs and damages that have to be considered, including your attorneys fees. You want to get an attorney that has been there before and has a track record. Good luck.