CB> MS>The civil law:
CB> MS> If you tell a parent the kid needs to see a doctor because
CB> he's
CB> MS>showing symptoms of ADD and the parents ignore it as
CB> MS>something that's not life-or-death, and the kid later
CB> MS>turns out to have a brain tumor (or other life-threatening
CB> MS>disease), you are likely to get sued.
CB> MS> In such a case, you have effectively made it sound
CB> MS>that the kid is not in physical danger in your
CB> MS>"recommendation". But he was.
CB>
CB> Since you don't quote chapter and verse, I assume that means you
CB> don't
CB> really know what the law states.
I'm a collections lawyer, so I couldn't give you any cite on this.
But I'd never advise any client of mine to do _anything_ that could be
construed as practicing law without a license, because if someone followed
the client's advice and got in a mess, you can bet he'd sue the client if the
client was some kind of government official (cop, teacher, etc.).
CB> There have been several law suits in NY state over the years in which
CB> ex-students filed civil suits against schools and teachers for
CB> allowing
CB> them
CB> (the students) to graduate while reading at a 5th grade (or whatever)
CB> level. In all cases, the ex-students have lost the case. The civil
CB> liability of schools is somewhat protected, at least here in NY.
But defending the lawsuits is costly, even if the district is almost sure
to win them. Why risk it? That's what I'd tell a client.
--- Simplex BBS (v1.07.00Beta [DOS])
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* Origin: NighthawkBBS, Burlington NC 910-228-7002 HST Dual (1:3644/6)
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