Access to a lawyer

karuna

Does anyone know if there's a way to access legal advice in India for free or cheaply?

Does anybody know if private schools in India have a duty of care to provide or send for medical help if a child is injured on their premises?

Very grateful for any advice, I'm spitting feathers right now and can't think straight.

shashank.aggarwal

whether heir is law or not..you still can sue them and create an example.. this is a very valid concern and court will pay heed to it..

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karuna

Thanks, I hope so. My understanding is that the school just called the family who then had to arrange a taxi to take the kid to hospital, where he required prompt surgery.

I hope, I really hope, this wasn't what happened and the message has got muddled along the way. That seems like unbelievable negligence on the part of the school.

capt_mahajan

What seems to put pressure on schools (and others) is media attention. Perhaps that could be arranged?

There was a case here in Hyderabad a couple of years ago when a child died in a swimming pool... the media was all over it.

Prashant.M

Free legal advice in Bangalore:

http://www.thehindu.com/2005/10/29/s...2916200300.htm
<snip>
Free legal advice

Staff Reporter

Bangalore: VOICES is offering free legal advice every Thursday between 4. p.m. and 6 p.m. at its office and a daily helpline for people with disabilities from Monday to Friday (10 a.m. to 5 p.m.). For details, call 25213903.

Elders Helpline (1090) is also offering free legal advice on Thursdays between 2 p.m. and 5 p.m. at its office on the premises of the Police Commissioner's office on Bhagwan Mahaveer Road (Infantry Road).
</snip>

http://www.hindu.com/2003/09/21/stor...2104070400.htm

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crvlvr

I can only hope that India does become a sue happy state like the US has become. A lot of students get hurt playing in schools all over the world everyday. Can the schools really be held reponsible for that? (ok, I have made some assumptions here)

karuna

It's highly unlikely anyone would claim it was the school's fault he fell over, and I didn't suggest it was. The school is, however, in loco parentis (particularly so as it is a residential school) and it should therefore be their responsibility to call for medical assistance in the event of an accident. As I understand it, they did not. At the very least they should have called the parents, which it transpires they did not (they were contacted by an acquaintance who heard what had happened, probably from their own child).

The kid fractured his hand and the blood supply was cut off making the hand immobile. He's had four hours of surgery including putting in steel rods and grafting in a vein and thankfully it should be all OK. The surgeon said because of the closed off blood supply to the hand, if they'd waited any longer he may have had to have it amputated. He'll be in plaster for a month at least.

It's not that a kid fell over in school, it's what the school did or did not do when it happened that's key here. Had the parents not learned of the accident, intervened and taken him to hospital in time he could have lost a hand. As his guardians, it should be (in my opinion) the school's duty to get him medical attention, and it appears they failed to do so.

I don't believe taking this kind of thing to court is an overreaction.

Aishah

Karuna - I don't know the area of India we are talking about here - but I think or hope you will find if you go to a lawyer it is not expensive. I went to ask some advice from a female lawyer, was there for around one hour when I was up in Mussoorie. She was excellent and for the hour I paid 200 rupees.
If you wanted to pursue this, it might be worth your while to ask about to whom you should go i.e. one with a good reputation etc. Also as suggested, the media certainly gets things 'hotting up'.
Reading your story, it seems to me there is 'a duty of care' lacking in the school. The boy was very lucky to have got to hospital in time. An awful story.

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karuna

Thanks Aishah, that's reassuring. It's in HP, btw.

There's really only so much I can do as it's not my family, so not my choice, but I will keep pushing to get something done about this.

Bless his heart he's doing fine. Fine enough to wiggle his eyebrows at me from a hospital bed! This is apparently known as "giving me signal".

Cheeky....

Aishah

Simla and the bigger towns of HP would definitely have lawyers - the thing is if the family wants to pursue it, I guess. Or if you
have children at the school, then you could on a 'duty of care' basis. Also, I guess by now the parents have had an interview with the school Principal? That should be done, stating where the school is negligent - if there is a School Board, a letter, or something in writing should be lodged with that as well.
It is a long time for this young fellow to be in hospital isn't it? He is very lucky to be alive by the sound of it.. wish him best wishes for a good recovery.