Comments

Duty of Care and What It Means to Your Children

Suppose your child is hurt at school. Is it “just an unavoidable accident” or was your child’s school negligent in executing their “duty of care” as required by law?

Schools owe a duty of “care” to their students who are either at school or engaged in school activities. All schools are required to meet this duty. In plain English, it means that schools are required to adequately supervise their students and enforce rules that promote student safety and prevent debilitating or fatal injuries.

The WA Department of Education is a great source for information. They have drafted a policy that their legal team has determined that will protect them from liability. Teachers and all supervisory staff are required to follow the WA Department of Education’s guidelines in providing sufficient care for their students.

According to the Department of Education, teachers and staff “owe a duty” to maintain an environment of reasonable care and safety for any student who is either engaging in school activities or at school to engage in school activities. Teachers and staff are responsible for providing “reasonable” measures that protect students from risks or exposure to harm that are “foreseeable.”

According to the Department of Education, this not only includes “known hazards.” This duty also includes protecting your child from “harm that could foreseeably arise and against which preventative measures can be taken.”

Teachers and staff are also required to exercise “professional judgment” to ensure “balance” which ensures that students maximise learning opportunities without facing undue risk of harm. This balance is supposed to “encourage students’ independence.” Not only are teachers required to adhere to these policies, but so are third party providers, volunteers and non-teaching staff.

While the policy sounds straightforward, there is a lot of room for interpretation. In many cases, too much room.

Call the Professionals

Was your child injured at school? Do you think the school may have failed in their duty of care? If they did fail, you may be eligible to be compensated for your child’s pain, suffering and loss of “quality of life.” If there is any question in your mind that your child’s school may be at fault for a personal injury, call our compensation lawyers today for a consultation: 1300 738 303.

Recent News

Many people file medical negligence claims after botched plastic surgery. Some of the risks are the result of negligence on the part of the doctor, while some are unavoidable statistical results. Before undergoing plastic surgery, one should be fully aware of the risks.

Understanding the Risks of Plastic Surgery

Haematoma

A haematoma is a localised, abnormal collection of blood, usually clotted. They aren’t life-threatening and they can usually be easily corrected, especially when addressed immediately. They are especially common if the patient has high blood pressure and are the most common complication of a facelift.

However, an untreated haematoma that doesn’t dissolve can become a problem. It can grow worse and exert pressure on the surrounding area, causing inflammation, swelling, numbness and even necrosis. The risk of infection also increases greatly with an untreated hematoma.

Paralysis Due to Nerve Damage

When nerves are cut, stretched or cauterised, it can cause nerve damage. Nerve damage can affect the sensory nerves, leading to numbness or even loss of smell or taste. It can also affect the motor nerves, leading to paralysis.

Delayed Healing

Sometimes, people don’t heal as quickly as projected. Smoking is one risk factor that slows down the healing process. This increases the risk of infection, which can lead to further complications.

Anaesthesia Complications

Most people go in and out of anaesthesia with no ill effects, but some have heart palpitations, blood clots, brain damages, strokes or heart attacks.

Asymmetrical Anomalies

These are often a sign of “botched” plastic surgery. They are places where the muscle or skin has been pulled to a position of asymmetry.

To Claim or Not to Claim

If you think you may have suffered as a result of a plastic surgeon’s negligence, be sure to call Bradford Legal. We specialise in personal injury law in Perth and we have a lot of experience with medical negligence claims.

Recent News
div#stuning-header .dfd-stuning-header-bg-container {background-image: url(https://www.bradfordlegal.com.au/wp-content/uploads/2019/08/new1c3.jpg);background-size: cover;background-position: top center;background-attachment: initial;background-repeat: no-repeat;}#stuning-header div.page-title-inner {min-height: 400px;}
START YOUR CLAIM Step One To Receiving The Compensation You Deserve