In Barragan v. City School District of New Rochelle, the plaintiff, a senior in high school, cut his finger during class. The school nurse treated the plaintiff but failed to tell him to sit down while she bandaged his finger. Subsequently, the plaintiff fainted and struck his head on the floor. The lower court denied the school’s motion for summary judgment.
The Second Department affirmed the lower court’s decision finding that a high school not only has a duty to properly supervise students as a reasonable parent would but also has to use good and accepted standards of nursing when providing medical treatment to a student. The Court found that the school failed to show that it had no notice of the plaintiff’s prior medical condition or that the plaintiff failed to inform the nurse that he was feeling lightheaded.
Thanks to Georgia Stagias for her contribution to this post. Please email Paul if you have have questions about this post at .