From: whs70@dancer.cc.bellcore.com (sohl,william h)
Subject: Re: injury lawsuit
Organization: Bellcore, Livingston, NJ
Distribution: na
Date: Wed, 27 Jan 93 15:30:48 GMT

In article <C1GsEn.7Ku@dartvax.dartmouth.edu> time@coos.dartmouth.edu (Susan M. Kennedy) writes:
>I think this is an unusual situation.  My son was injured during a school
>activity.  He sliced his finger while carving a pumpkin, severing two
>tendons an artery and a nerve. The repair was done at a local hospital by a
>qualified surgeon.  He told us there was the possibility that the tendons
>might adhere requiring additional surgery which turns out to be the case.
>    Here's the legal question we and my son have incurred expenses,
>inconvenience, pain and other risks and fears(mostly related to worries
>over anesthesia)  The principal investigated the incident and in a written
>statement pronounced the school (really the teacher, this was a project
>involving 3rd graders with insufficient guidance and supervision) at fault
>and recommended that the school pay for the medical expenses. 

Whatever you do, don't lose that written statement by the principal.

> I called
>the school superintendent to get the insurance company's name and he
>would not give it to me and said that it was up to my insurance company
>to deal with their insurance co. no actual offer to pay for medical
>expenses were made (its up to the superintendence office to make such an
>offer) 

(1) The name of the insurance carrier for the school is public
information which is/should be available to anyone who wants it.
You as a parent, resident, taxpayer have every right to find out
the company's name and the policy number as well as the details of
the policy. 

(2) I'd write a letter specifying exactly the information
you want, make the statement that you believe this is public
information that should/must be disclosed to anyone who asks for it
AND send the letter return receipt requested to the superintendent.
You might consider also sending a copy to the local newspaper (a cc:
to XYZ newspaper at the bottom may shake the superintendent a bit
and get you the info you need.)

> Meanwhile our Insurance Co sent a form asking if we were going to
>sue. It seems that we are being forced to sue if we want to recover our
>costs (deductible co-insurance, etc).  Of course if we sue we have to sue
>for enough to pay the lawyer and pay back our insurance Co,  which is
>obviously much more than if the school/town paid us for our out of pocket
>costs and something for the various inconveniences.  Now if he does not
>regain full use of the finger I guess we will have to ask for more
>compensation.  I realize that with all the personal injury lawyers out
>there advertising on tv etc, that this is a fairly lucrative enterprise but
>isn't there a better way?

You are dealing with petty beaurecrats and sometimes they need to be
smacked on the head.  Before you sue, you might try "sharing" your
story with the local newspaper as I mentioned above.  Public
exposure can often generate the results you want without going
into a full blown lawsuit.  In fact, just suggesting to the superintendent
that you are thinking of "going public" with the problem may be all
it takes.

Good luck and keep us posted as to your progress.

Standard disclaimer, this is not legal advice, just my opinion as
to what I would do if I was in your position.

Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's.
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Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.)
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