A Classmate Hurt My Daughter So Severely I Had to Take Her to the ER: What Should I Do?

QUESTION:

"On Wednesday, 8-7-2020, during recess 12:45, My daughter In kindergarten was kicked in her private area by a male classmate. He was in time out for most of recess, and the incident occurred about 5 minutes before recess was over.

She cried. The teacher asked if she was ok after a few minutes of crying. She was fine. She went on about her day. Later she was asked to sit crisscross, and she said it hurt when she did but didn’t say anything.

My mom, her grandma, picked her up @ 3:30. When they got home, she went to the restroom, and my mom saw a bunch of dry blood in her underwear. She immediately called me, and I left work. I asked her what happened, and she told me.

I took her to the ER, and she ended up having to be put under anesthesia and have a procedure where she ended up needing a couple of stitches. I’ve spoken to the principal, the assistant, and counselor, and the only thing I’ve asked for was for either the school or the child’s parents to be responsible for paying for medical bills and the child to be removed from that classroom. They will not do either.

They gave me the option to remove MY child, which I refuse too. Why should I move her and mess up her schedule? It’s already been tough not ending pre-K like a normal school year, and having to do remote learning. She’s already used to her teacher and classmates.

I’m at a loss. Should I just give in and move her classrooms? Should I withdrawal her from school? Should I fight it legally? Btw we live in Texas. I also don’t have any information in regards to the little boy; I only have his first name. They will not disclose ANY information."

RELATED QUESTION: How Should I Handle My Child Being Bullied at School?

TOP ANSWERS (AS SELECTED BY MODERATOR):

“I think I’d contact the police and file legal charges against the little boy. Then I’d sue the the school and the parents of the child for medical and pain & suffering expenses. The police will gather the information needed on the child. I’d then go for a restraining order against the child forcing the child to be moved from the classroom.”

“I would file a police report if it was my child. That is completely unacceptable and the fact that the school is being kind of nonchalant about it would make me fume!”

“Um I would personally be calling the district office and speaking to the superintendent. If they didn’t rectify the problem I would be getting a lawyer and suing the school district because they failed to protect your daughter. I would also be calling child services on the school for it (yes, you can do that!). Your child was assaulted at school which resulted in her female reproductive organs being damaged and needing medically repaired. I say sue them for the costs of medical expenses and I would go for extra money to cover the pain and suffering of your child also. She needs to know that she is going to be safe no matter what.”

“I’d file a police report and contact a lawyer.”

“Press charges on the little boy. He injured your daughter, and resulted in her having to have a surgical procedure. As long as you have documentation of the incident and hospital visit, it should be no problem. Also, you should be able to sue the parents for the amount of the medical bills.”

“ANY child that has that much rage to kick another child with enough force to make them bleed, needs HELP. Something isn’t right at home, and the parents should be held responsible for their kid’s behavior.”

“You can report it to the police so they have a file, then take the file to small claims court and sue the parents for medical bills and emotional distress.”

“That’s absolutely shocking, the kindergarten should be more responsible and the parents of the other child should be held responsible as well because that kid must have kicked your little girl with some force that is not normal behaviour. I’d get them reported and if necessary take legal action. Your child should not be put in a position where she is vulnerable at her own kindergarten and can’t feel safe.”

“I’d definitely file a police report. I mean I’m sure it was an accident. They are little. And kids don’t know how serious things like that are. But the school and or parents should be paying for that…”

“I’m sure your daughter knows who this boy is. Have her point him out and I’d be waiting at the school for this boy’s parents.”

“Definitely file a police report! And threaten to sue for medical expenses if they refuse to. Also, I would definitely be fighting with the school to get that kid out of the class!”

“It sounds as if you need legal advice. If the principal refuses to handle this I would go to the superintendent or maybe call children’s protective services. Don’t let it go find out the boy’s parents name and talk with them. Be persistent.”

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READ ALL ANSWERS BELOW:

1 Like

I would file a police report

1 Like

I would file a police report if it was my child. That is completely unacceptable and the fact that the school is being kind of nonchalant about it would make me fume!

20 Likes

I’d file police report and contact a lawyer.

1 Like

Omg thats horrendous! Poor little love. Go to the Police about it I think. Id remove her from the school altogether to keep her safe…they clearly don’t care for her safety! Xx

6 Likes

I wish u luck my daughters gtube was purposely pulled put by another student. Snd I was told it was my fault for sending her with a gtube. None of our medical bills were paid for and we eventually had to pull her out of school and home school cause they couldn’t keep the kids from messing with her and they were never punished for do anything. Hopefully u can find a lawyer

36 Likes

File a report and go to the parents and take them to court for her medical bulls

7 Likes

Go to the police. Protect your child.

1 Like

I’d definitely file a police report. I mean I’m sure it was an accident. They are little. And kids don’t know how serious things like that are. But the school and or parents should be paying for that…

10 Likes

Definitely file a police report! And threaten to sue for medical expenses if they refuse to. Also I would definitely be fighting with the school to get that kid out of the class!

9 Likes

Police and local news.

1 Like

I will kill the child who hurt mine if I was the mom😡sorry the mom blood in me is boiling while reading this

8 Likes

That’s absolutely shocking, the kindergarten should be more responsible and the parents of the other child should be held responsible as well because that kid must have kicked your little girl with some force that is not normal behaviour. I’d get them reported and if necessary take legal action. Your child should not be put in a position where she is vulnerable at her own kindergarten and can’t feel safe.

9 Likes

Things happen at school. I don’t know enough about the situation but calling the police on a 5 yr old is NUTS especially when the child didn’t say she was hurt If she had said my private parts hurt action Would have been taken. I feel bad for the little girl but sounds like the school took the appropriate action at the time.

16 Likes

I would go straight to the parents and let them know that what their child did caused damage and surgery. I would start with the parents first and then if they act like it’s no big deal file a police report and sue

3 Likes

File a police report and contact a lawyer.

4 Likes

Call the police and get a lawyer

5 Likes

File a police report and get a lawyer. The school should protect your child

7 Likes

File the police report sue the boys parents

4 Likes

It sounds as if you need legal advise. If the
Principal refuses to handle this I would go to the superintendent or maybe call children’s protective services. Don’t let it go find out the boy’s
Parents name and talk with them. Be
Persistent

8 Likes