My daughter was a freshman at Sentinel High School. She was seriously injured on May 18 during what was supposed to be a supervised P.E. class baseball game.

When I arrived at the school it was obviously not the “dislocated thumb” that the school nurse reported. The bone was protruding through the skin and she was bleeding.

She was treated at Community Medical Center, where she remained in the emergency room until the surgeon arrived. The bone was split, there was damage to the tendons, and she went directly into surgery.

The medical bills have totaled over $13,000.

I questioned whether the school carried insurance to cover injury. The principal told me that they do have insurance. Had my daughter been injured on school property or going to or from school there would be coverage, but not during school-sponsored physical activity. The lame reasoning here, obviously to avoid responsibility, is “implied consent.” This relieves the school of all responsibility for student injury regardless of the possibility of instructor negligence.

The school never warned me that if my daughter was hurt or killed during gym class that it would be my fault.

As a taxpaying resident of this county, I deserve better than this. Everyone carries insurance – why not the Missoula County schools?

Carl Severa, Missoula

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(18) comments

Dookers

I want to make it clear that the High School Principal, in fact, explained that the school does have insurance that would have covered my Daughter's injury had she NOT been in her Physical Ed class. Does that make any sense at all? The class was supposed to be controlled by the teacher.
I received a written reply from Dave Pillatzke, the Montana Schools Property and Liability Insurance Administrator who states "the school district does not carry medical payment insurance coverage for students".
There is no doubt that the insurance company denies claims regarding injury while participating in a school-sponsored P.E. event.
How can a 14 year old student know when a class is too dangerous to attend?
The legal counsel I have spoken with are afraid to touch a case against the school system.
Carl Severa

montanaduck

Carl, For your daughters sake I sure hope it was ok with her that you are making a public complaint that is now all over the state of Montana and the internet for that matter. You may be severely irritated but now your daughter has to be the girl at school with the daddy who's complaining in a public forum. Just Sayin

Wtlbuck

O.k. I have a few questions. First of all, its states in the article that "if the injury were to have occured on school property, or on the way to or from school, the injury would have been covered". So, with that being said, where was the student when the injury occured? In addition, the parent implies that the P.E. Instructor failed to teach the student and that this is why the injury occured? F.Y.I~ Most if not ALL insurance companies require doctor offices to inquire as to how or where an injury occured i.e. an on the job injury or an accident. If so, they WILL NOT cover the injury!!!!! Just food for thought.......

TwinNumberTwo

Wtlbuck wtote, "Most if not ALL insurance companies require doctor offices to inquire as to how or where an injury occured i.e. an on the job injury or an accident. If so, they WILL NOT cover the injury!!!!! Just food for thought......."

I don't understand what you're saying, Wtlbuck. What is the "so" in your "if so" statement?

alliknow

I'm not sure I'd let this one go... at least talk to a lawyer.

DPotter

Logic and reading comprehension don't seem to be strengths among some of the people posting here. First of all, looks like dad wrote the letter to me. His letter is well-written and he has a valid argument He also did not say he has no health insurance for his family. The question here is liability and accountability. His daughter was injured at school during a required class. I can guarantee any homeowner would be held liable for such an injury to a child playing in his yard and better hope his homeowner's insurance covers the accident. The gentleman has a legitimate gripe against the school. The principal was just playing the usual cyoa game and I wouldn't take his word for it. While I am not generally a litigious individual, I think Mr. Severa should sue them. That's not entitlement, that's justice.

Roger
Roger

Excellent post - that's my opinion also.

Frenchtown Fellow

Agreed. "Implied consent" here sounds as if the the student gave their consent to participate and accepts all liability. Last I heard, a 15 year old couldn't do that; only their parents. If the parent signed a consent form to allow their daughter to participate, then they need to look closely at that document - it may well spell out their rights.

The parents should consult an attorney to see exactly what rights they have in this matter.

Long Duck Dong

"The lame reasoning here, obviously to avoid responsibility....."

Classic statement in the letter. You my lady are the reason why our country has become so phucked up.

This letter is as good as the gal who told us we need to lease our kids at the river, not dogs!

Click Here
Click Here

Ah, nice to see the compassionate Christians out and about in the comment section.

IMHO

While I agree with accountability, I believe it is noted in the letter that the injury occured during P.E. class, which is required by state law. If this writer had tried to excuse her daughter from PE for fear of this event happening, her daughter would fail the class. So, with this in mind, I believe the school insurance should pick up the tab. This is why they have insurance by the way.

TwinNumberTwo

"I believe it is noted in the letter that the injury occured during P.E. class, which is required by state law. If this writer had tried to excuse her daughter from PE for fear of this event happening, her daughter would fail the class."

Just a question to IMHO: Are you SURE that the student would recieve a failing grade if her parents demanded that she be excused from that P.E. activity? Is that school policy or something?

ambiguous genitalia

Being that the law on Obama care passed, it is now your civic duty to carry you own insurance and do your part for the health care of this country.

Look for all the cities,countys & states to drop their insurance because we'll all, each and everyone of us have our very own government forced insurance.

ambiguous genitalia

most people that have children usually take on a little responsibility as a parent.
Some people that like to call themselves a parent actually want the "school" or the "Government" to raise their child and bare all financial obligations while they are at it.

Grow up lady, I hope your child grows up to feel far less "Entitled" than you do!

Bob Elan

If your daughter gets a cough at school, should the taxpayers foot your bill? Quit whining and don't have kids you can't afford health care for.

Baloney

So, people who had kids when jobs with benefits and good pay were more available should begin the abortions now, right? I mean, gosh, who knew that 15 years from when she was born her parents might have to suffer through the great recession and possibly lose a business, jobs, benefits, hours cut…

TwinNumberTwo

Huh?

Baloney

Sorry that happened to your daughter. Ask the hospital what options you have.

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