Personal Injury Law

School Adminstrations Push for Self-Medications

By Megan Roth

Providing medical assistance to students is a controversial, high-risk issue. Most schools more than discourage the administration of drugs (be them prescription of over-the-counter) to students during school hours. This isn't because the staff doesn't care about or has a disregard for student health issues, but rather it is the result of the many implications such situations may have.

Say, for example, a student is complaining of a headache. Most people would provide the student a Tylenol or Ibuprofin (or an equivalent medication) to relieve the pressure, right? Makes sense, considering that's what the majority of parents would do as well. Well, say that student has some sort of reaction to the drug (or to something remotely related to the drug). This makes the nurse liable, and since the nurse is employed by the school, it makes the district liable. This means the parents can sue the school (for a multitude of reasons) and probably win.

As a result, schools aim to keep the administration of medications to a minimum; sometimes, however, a student has a condition where medication cannot be avoided. In such situations, most school administrations establish and implement a set of guidelines instructing staff members how to administer drugs to a student so as to lessen the school's risk of liability in the event that something should go wrong.

Often times, these guidelines pertain to regular health issues where medication is prescribed by a doctor and needs to be administered on a regular basis. Sometimes, however, these guidelines extend to include information on what to do in the even that an unforeseen health problem arises and emergency treatment is needed.

Often times, it's necessary for parents to sign a waiver for the administration of such treatments, which excuses school faculty and administration from assuming any liability in the event that a student suffers implications after a treatment is administered.

Many schools also waive responsibility in the event that a student self-medicates (defined as a student's discretionary use of medication, pursuant to a prescription or written treatment plan from a licensed physician). Self-medication places accountability back on the parent or guardian, but does not mean the school is forbidden to interfere in the event that emergency treatment is necessary.

During recent years, many laws and policies have been put into effect which allow students to self-medicate so long as certain procedures are followed. In fact, many school systems actually prefer that students do self-medicate. This reduces the burden on school faculty, decreases the schools liability, and lessens the odds of a implications involving school personnel.

Full post as published by Des Moines Personal Injury Lawyer on September 13, 2008 (boomark / email).