UPDATED: Sep 30, 2022
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My son was sent to ER because he was given a soy milk for lunch which his doctor specified on his diet meal not to give soy milk. The school has his allergy lab tests results, as well as the doctor’s order for the medication. I admit to accidentally signing the
Asked on January 25, 2017 under Personal Injury, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First, the fact that you signed "give soy" means that either they are not liable (a court could find that the school is entitled to rely on what a parent instructs them to do) or, at a minimum, that you and they are both liable (that your own error is at least partly at fault, by confusing the issue). So full or partial liability on your part would very likely significantly reduce, and potentially even eliminate, any compensation to which you'd be entitled.
Second, you can only recover for actual costs, losses, or signifiant, lasting injuries. you write that your son was sent to the ER, but you do not indicate that he suffered any major lasting harm. Under those circumstances, the amount of money you could potentially recover in a lawsut would be very minimial, even ignoring the liabiltiy issue above: it might be only your out-of-pocket (not paid by insurance, Medicaid/Care, etc.) medical costs from the ER visit, and possibly one day's lost wages (if you work) for taking him to the ER. Based on what you write, this does not appear to be an economically viable legal action.
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