TIP: Click on subject to list as thread! ANSI
echo: educator
to: CHARLES BEAMS
from: MATT SMITH
date: 1996-08-18 19:16:00
subject: Re: ANN LANDERS LETTER

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.
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