When a child dies on campus with a rare heart disease is the school liable?
by Dr. Melinda Bossenmeyer, Expert Witness Playground Injuries
That depends on many factors.
A yet-to-be-determined legal case involves a 5 year old boy who school officials “thought was playing dead” during school recess. Instead, he died of a rare heart condition, court documents said. The five-year-old Connecticut youth was playing freeze tag at recess and apparently collapsed in April 2022.
Teachers thought he was playing dead, but when they checked him 8 minutes later he wasn’t breathing. The lawsuit states that other children told teachers about the young child, but their warnings were ignored.
According to an article in the Insider, by the time the teachers realized he was not playing dead and needed emergency medical treatment – it was too late. He could no longer be saved, according to the lawsuit filed in Connecticut. Although significant and extensive efforts to save his life were made at Connecticut Children’s Hospital, he died 2 days later.
The student died of Brugada syndrome, a rare disease that causes irregular heart rhythms. Likemost people with this syndrome, his parents didn’t know he had it.
Legal issues around negligence and supervision
I asked ChatGPT for an opinion on this situation:
The school’s liability in a situation like this will depend on various factors, such as whether the school knew or should have known about the child’s rare heart disease, whether the school had a duty to supervise the child, and whether the school breached that duty. Additionally, the specific laws and regulations of the jurisdiction where the school is located may also affect the school’s liability.
If the school was aware of the child’s heart condition and failed to take reasonable steps to ensure the child’s safety, such as providing appropriate medical care or monitoring the child’s activity levels, then the school may be held liable for the child’s death.
However, if the school was not aware of the child’s condition and could not have reasonably known about it, the school may not be found liable.
It is important to consult with a legal professional who is familiar with the specific laws and regulations in the relevant jurisdiction to assess the school’s potential liability in this situation.
I described the situation with more detail and got this response from CHATGPT.
If a child is playing dead on the playground, a playground supervisor should approach the situation with caution and care. The first step is to assess the child’s condition to make sure they are not actually injured or in distress. If the child appears to be fine, the playground supervisor can gently try to encourage the child to get up and participate ina different activity or game.
It’s s important to approach the situation with empathy and understanding, as the child may be playing dead as a way to cope with a difficult situation or emotion. The playground supervisor should talk to the child and try to understand their perspective, and offer support and guidance as needed.
If the child refuses to get up or becomes upset or agitated, the playground supervisor should remain calm and try to de-escalate the situation. They may need to involve other staff members or call the child’s parents if the situation continues or if they suspect that the child may be experiencing a more serious issue. Ultimately, the goal is to ensure the child’s safety and well-being while also respecting their need for play and creativity.
You may be wondering why I turned to CHATGPT?
Like many people, I am following CHATGPT, an open Artificial Intelligence developed by OpenAl. In January 2023, GPT-3.5, which powers ChatGPT, only scored in the 10th percentile of the bar exam, but only 2 months later in March 2023, GPT-4 scored in the 90th percentile with a score of 298 out of 400, according to OpenAI.
As you know, I am an expert witness frequently consulted regarding cases involving playground injuries and supervision. However, I don’t give legal advice, only opinions as to factual situations. Since this is an active case (I am not the expert in this case), I am not offering an opinion either.
Parents’ Reactions
But some parents weighed in and responded to the article as follows:
Parent comments #1- 8 min= 1 day to a 5yr old. they can’t sit still barely through snack time. There is no way unless taking a nap, a 5yr old will stay laying there for any extended time. they are high energy at that age. it took running my boys ragged at a playground at that age to wear them out.
Parent Comments #2 I can see how they would have thought he was playing around. HOWEVER: since some of the other kids TOLD the teachers there was a problem, it’s inexcusable they didn’t check on him IMMEDIATELY.
Parent Comments #3 Freeze tag, if I remember correctly is when you freeze in place. It’s not called collapse tag. Eight minutes is a very long time to “play” dead for a child.
A Teacher’s Reaction
As an educator, I actually had this happen. You know what I did? I did not wait 8 minutes to get help. I too, thought maybe the child was playing. I attempted to awaken the child, first by making a joke and touching the child’s arm. No reaction, I gently shook the child, no reaction I pinched the child still no reaction. I immediately had someone call 911 and the child was transported to the hospital in the less then 8 minutes than these people took before they had any reaction. They should be held accountable.
I included the parent and educator comments because I think they represent a window into juror discussions.
Link to articles https://news.yahoo.com/teachers-thought-5-old-collapsed-161732628.html
https://nypost.com/2023/04/09/conn-teachers-thought-tragic-boy-was-just-playing-dead-at-recess-lawsuit/
