drop attacks ?

Published

hello:

What could you do when you have a student with frequent drop attacks at school? Student and family refused helmet. Not special ed.? Moved from another state. No doctor wants to see him in the state here yet due to insurance changes from state to state (medi-cal). ER doctor unable to increase/change med to better control seizures? Administrators are fearful for child's injuries.

Thank you!

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Specializes in Pediatrics Retired.

Are you saying the student is having seizures?

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Specializes in school nursing, ortho, trauma.

i would contact the district attorney to determine liability of this child sustains a head injury due to one of these seizures and the refusal of the protective device. Was one prescribed or written into an IEP? it could be viewed as noncompliance if so.

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Thank you! Unfortunately, the district attorney at my district is pretty difficult to reach and we have no access to him. There's no IEP and I suggest a helmet but it's not prescribed. Administrator asked if we could have the student stay at home until his medical needs are stabilized. Is that a good approach at all? Thank you!

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Specializes in school nursing, ortho, trauma.

well, i can't give any legal advice, so i'd get on the horn with the district attorney, hard to reach or not, because keeping a student out for an epileptic condition and an insurance issue sounds like a legal nightmare to me. I agree that the parents should get him into a non ER doctor immediately to get a seizure action plan established and meet with whomever is in charge of writing the 504s in your district (since child in not special ed child will probably not qualify for an IEP) to cover educational needs, but if family and student is refusing the helmet, you cannot force it. Back to the out of school issue - if the parents are agreeable and you can set up home instruction maybe just maybe that can be a solution until a proper seizure action plan is in place.

District attorney or business administration (thinking risk management) may have parent sign off on waiver of sorts acknowledging that they have advised that given health condition, that they think it's in student's best interest to wear some sort of PPE and that student and family are releasing school from liability should student get hurt as a result from not wearing it - but again, this may walk a legal line with "prescribing medical devices" when we are not doctors.

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We have our own school attorney who gives us legal advice and he or she must be available for the district.

The District Attorney works for the county.

(My first read of this thread made me think the above). ;)

This child has a medical condition which needs to be addressed and a 504 seems in order here.

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thank you!

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