What Happens When a School Disregards Doctor’s Notes?
One would think that if you send your child to school with a doctor’s note stating that the child should abstain from certain activities, the school would honor the request. Certainly, that is usually the case.
But what if the school disregards such a note? Can school officials be held liable for harm that comes to a child because they didn’t follow a doctor’s instructions?
Take, for example, a child recovering from an eye injury. The child comes to school with a note from her doctor saying that she is not to participate in gym class or sports until a particular date. The girl is told to participate in a volleyball match in gym class, and re-injures the eye when a ball hits her face.
Is the School Liable for Damages?
Schools have a duty to prevent foreseeable harm from befalling their students. Without the note, the school’s PE department would not reasonably be able to foresee that participating in volleyball could cause major injury to a healthy child. Presumably, the gym and its equipment are properly maintained and reasonably safe, so the school would not likely be liable for an injury.
However, a note from a doctor—or even a parent—restricting a child from certain activities means that the school has been warned that harm might result. This would demonstrate negligence on the part of school officials if they allowed or encouraged the child to participate despite the warning.
Frequently Asked Questions
1. Are schools legally required to follow a doctor’s note?
While no single federal law universally mandates that schools follow every doctor’s note, schools have a legal duty of care to protect students from foreseeable harm. A doctor’s note serves as formal notice that a particular activity could injure the child, and disregarding that notice may constitute negligence.
2. Can a school be held liable if a child is injured after the school ignored a doctor’s note?
Yes. Schools owe their students a duty to prevent foreseeable harm. A doctor’s note explicitly warns the school that a specific activity poses a risk. If the school allows or encourages the child to participate anyway, it has breached its duty of care.
The injured student’s family may pursue a personal injury claim seeking compensation for medical expenses, pain and suffering, and other related damages.
3. What type of damages can a family recover?
Depending on state law and the severity of the injury, families may be able to recover:
Punitive damages, in cases where the school’s conduct was willful or grossly negligent.
Medical expenses, current and future treatment costs related to the injury.
Pain and suffering, physical pain and emotional distress caused by the injury.
Lost educational opportunities, if the injury causes the child to miss school or fall behind academically.
4. Can a gym teacher or coach be personally held liable?
Liability typically falls on the school or school district rather than on individual employees, because teachers and coaches usually act within the scope of their employment. However, if a teacher or coach was personally informed of the restriction and deliberately forced the student to participate, they could face individual liability.
5. How does this apply to children with chronic conditions like asthma or diabetes?
Children with chronic conditions often qualify for formal accommodations under Section 504 or an Individualized Education Program (IEP). Schools are legally obligated to follow these formal plans.
Even without a 504 plan or IEP, a doctor’s note puts the school on notice. Failing to follow medical instructions, such as denying a child access to an inhaler or preventing blood sugar monitoring, can result in both negligence claims and potential violations of federal disability law.
6. Where can I find a lawyer if my child was injured because a school ignored a doctor’s note?
If your child has been injured because a school disregarded medical restrictions, it’s important to consult with a personal injury attorney experienced in school negligence cases, such as Greenstein Pittari, LLP.