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  #1  
Old Mar 17, 2008, 07:24 PM
Registered User
Join Date: Aug 2006
Where to get advice?

I have a difficult position I am put in by my agency. I work in a classroom setting with 1 child (I am hired thru and agency). If the teacher leaves the room for any reason and I am in there with an aide (hired from another company for another student) and other students would I be legally responsible if one of the students gets hurt? I have explained to my company my concerns about being possibly held responsible for the other students. My company has been asked this many times by me and each time tells me they will discuss and get back to me. I don't know who to discuss this with. Does anyone have any ideas? I am just trying to protect my license.

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  #2  
Old Mar 17, 2008, 07:34 PM
suzanne4's Avatar
Super Moderator
Join Date: Dec 2003
Re: Where to get advice?

The teacher should not be leaving the classroom for any reason, she would not be doing so if you were not there; would she?

Your responsibility is for that one student only. Same as if you were the parent of that one child in the classroom.

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  #3  
Old Mar 17, 2008, 07:37 PM
Registered User
Join Date: Jan 2005
Re: Where to get advice?

I would speak to this teacher and tell her you are in no way responsible for the other children, nor would you want to be. If the child you have is in a wheelchair, I would take the child out in the hall until the teacher comes back. This teacher may or maynot be taking advantage that there are adults left with her students. No way would you be responsible for other children getting hurt, you are a private duty nurse for one child only.

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  #4  
Old Mar 17, 2008, 07:42 PM
dhyser96 (Female)
Registered User
Join Date: Jan 2007
Re: Where to get advice?

I went to school with my peds client for 5 1/2 yrs. I talked with the school nurse about this...the gist of it is she is ultimately responsible for the HC needs of the school but as a nurse I have a responsibility to ANYONE who has a medical need - providing whatever care I can within the scope of my practice ( the Good Samaritan law) The key is within your scope of practice. I always had a good rapport with the teachers, school nurses and principals at his schools and made sure they knew that while I did not mind helping out and keeping my patient involved ( to some degree) I was not a school employee and that the staff was responsible for his education and I was not a school paid nurse for other students. I enjoyed talking to the other kids but I never had a problem with being expected to do anything for them. Fortunately, no crisises arose that I had to act on. Anyway...that was my take on it.

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  #5  
Old Mar 17, 2008, 08:13 PM
Registered User
Join Date: Aug 2006
Re: Where to get advice?

I appreciate both of your replies. The schools take on me being there is that I am another adult in the room and can be used as they see fit (pretty much). I have explained that is not my job but since my company seems to be staying out of it completely I feel left with few choices. This is not a matter of "if" a child gets hurt it is "when". These kids do some of the oddest things. You would not believe how many places in a room your head can fit. I like the idea of leaving the classroom when the teacher leaves the room and even though this child can be stubborn I believe most of the time I could persuade him to come. The other situation is bathroom breaks. I take my child and the aide takes hers but the teacher sends other children with them. Am I responsible if a child gets hurt there? Again you would not believe the places your head can fit.

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