School officials in Florida’s Volusia County School are insisting that a school nurse was perfectly correct in refusing to give a boy his inhaler during an asthma attack because a medical release form was not signed by a parent. By the time the mother arrived at the school, her son was passed out on the floor. She says that the nurse watched as her son, Michael Rudi, 17, collapsed.
The school dean found the inhaler in its original packaging with the student’s name and directions for its use. He seized the inhaler because of the absence of a form. When the boy began to have trouble breathing the mother was called to come into school. It is not clear why, if they could reach the mother, they could not get telephonic approval. More importantly, with the boy having breathing problems, the school insisted that it was still more important to get a form signed than help the child. Rudi is quoted as saying “[a]s soon as we opened up the door, we saw my son collapsing against the wall on the floor of the nurse’s office while she was standing in the window of the locked door looking down at my son, who was in full-blown asthma attack.”
Faced with this horrific situation, the Director of Student Health Services, Cheryl Selesky, still insists it was the parents’ fault for not being sure a new signed form was on file this year. There may have been a failure in supplying such a form, but that pales in comparison to the callous and irresponsible attitude to this teenager who was in obvious medical need. The school was previously made aware of the boy’s medical condition and yet stood there with an inhaler and an unsigned form in hand . . . but concluded the form was the more pressing matter.
It is also not clear why 911 was not called. The parents have filed child endangerment charges against the nurse. They also may want to consider a civil lawsuit against the school. Since the school appears primarily motivated by legal rather than medical considerations, a torts action may serve to concentrate the mind of officials.
Source: Orlando
I have two children with asthma, and I am will aware that I have to sign releases for my children to take meds at school; however, the school will not take the meds until I sign the release. So, as much as the school district wants to blame parents it seems to me they shouldn’t have taken the meds without the release.
Now, as far as not giving the meds. I am not sure the nurse or the dean would live if that was my child on the floor when I walked in. I get not giving the meds (I don’t agree, but we Americans have caused people to be scared to react due to lawsuits) But, there is no NO No reason why no one at the school didn’t call 911. What you need a release for that too?
Woosty,
I had the same question. In the article linked to at the top of the page there is a video interview with the teen.
In the video, the teen says the nurse had the inhaler but wouldn’t give it to him. So the nurse did accept medication without an approval on file and did nothing about it.
fee
1, May 24, 2012 at 3:26 pm
WOOSTY–
The last sentence in the first paragraph: says the nurse watched with the inhaler.
Apparently she must have had it in her hands. Absolutely unbelievable!
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no, I don’t see that. I see that the dean had confiscated the inhaler the week before. I don’t know if she had his inhaler in her possesion. If he was in distress she should have called 911. If he was in distress, and 17, I can’t imagine that there isn’t more to this scenario…in any case, I have practiced as a nurse and I have seen stranger scenes than this. It will be interesting to see the outcome!
Yes, in the bizarre world of health care, the abject fear of a common sense response occurs many times daily.
Consider this EMS-school response case I investigated two years ago, in San Jose, California.
Upon arrival at a high school football game, the medics were ordered by a teacher, to not drive the rescue vehicle out onto the player on the field, who had suffered a serious head injury. Why? Well, it might damage the turf.
And so they didn’t. They parked the ambulance 75 yards away, and shuttled their equipment back & forth across the field.
These medics, employed by the largest ambulance company in the nation, operate under mind-numbingly suffocating restraints, when it comes to exercising common sense judgement. In the wacky world of medicine, 3 of the 10 Immutable Laws, are these:
1. No matter what you do or don’t do, some very nice people are going to
going to die today. Get over it.
2. Not one of them is worth losing your job over.
3. The first priority in lifesaving is not saving lives. It’s follow the written protocols, and don’t ever, ever improvise.
And those, my friends, are the unvarnished facts.
Stuff happens. It was not the fault of the parent for “failing to sign the form.” As you read through all the stories it is very clear this young man had inhalers at the school for years, many past permission forms filed. Failure one- when the dean seized the inhaler he should have immediately checked for the correct form, and if not present then no form, no school. I would not expect any school to have a child present who needs life saving medication who they do not have permission to administer. Second failure, Nurse Incompetent had medication delivered to her and she did not check for permission. All those hours she has no sick students she had no time to check that permissions were up to date? What in the hell are they paying her for? Three, Nurse Failure as a Human Being put a piece of paper ahead of a child’s life. Failed her oath on the spot. Lose License now. So, scenario, if a child in her school, with no know medical history of any illness whatsoever goes into respiratory distress she would have what? Called 911 maybe? Sure as hell didn’t call it for this child, she simply “watched him collapse.” If the Florida Nursing board does not revoke her license then I strongly suggest you never, ever travel to Florida because there simply cannot be any faith in their ability in that state to manage medical emergencies. if any parent in that school district fails to call for her immediate dismissal then you are simply as big a failure as a parent as she is as a nurse.
Mike A.,
Thanks for your input.
Evidently, there was a policy in place–but the nurse didn’t follow it.
From the article:
“Selesky [Director of Student Health Services] said the district is looking into whether proper procedures were followed by the school, and while nurses can’t give medications without the proper authorization, it is district policy to call 911 when a student cannot breath[e].”
Mike A.,
Bingo.
puzzling:
isnt that a bit harsh?
… typical State Functionary
Great insight Mike A.
I think the school’s liability is fairly clear in this instance. I also believe that a number of comments on this thread have been a tad broad. Here’s why:
1. Permission forms are a good idea for reasons beyond liability concerns. They provide valuable information regarding a child’s health and the medication he or she may be taking. That is very important information in the event of an emergency. Furthermore, these forms are not a new phenomenon. We had to get written permission from our parents (which included releases) in order to go on field trips back in the 1950s, long before the growth of personal injury law.
2. Although I do not practice personal injury or products liability law, I believe that the trial bar has been unfairly maligned, primarily through the public relations efforts of an insurance industry jealous of its profits and fearful of juries. I have tried many jury cases in commercial and business torts areas, and I have found that juries are careful, conservative and reasonable in calculating damages. The vast majority of cases do not go to trial, and the verdicts that get media attention due to their size almost always involve truly terrible injuries that will require hundreds of thousands of dollars worth of continuing treatment over many years. And in some areas, such as medical malpractice, cases that do get to trial return verdicts for the plaintiff less than half the time. It should also be remembered that lawyers handle these matters on a contingent fee basis, frequently having to advance huge sums for investigation and expert testimony without assurance of a successful result. As a result, potential claims are carefully analyzed before a case is taken, and most cases, including cases with arguable merit, are declined. Lawyers are also exposed to financial penalties for pursuing claims without a basis in the law, and the courts do not hesitate to impose them. In short, the number of “frivolous” suits actually filed is quite low. Finally, I would note that the efforts of trial lawyers have been instrumental in protecting individuals from dangerous products, dangerous working conditions and outright fraud, and have spurred a great deal of beneficial legislation over the years.
3. With regard to the Volusia County school matter, the school nurse should have immediately called 911 when it became apparent that the student could not breathe. If she had his prescription inhaler in her possession, she should have administered the specified dosage to him regardless of the absence of a signed permission slip. Had she done so, I believe that she would have been immune to suit under Florida’s Good Samaritan statute. The school should also have a policy in place covering medical emergencies in situations in which a signed parental consent is not on file, and school employees should be familiar with that policy. Instead, it appears as though the nurse suffered some sort of bureaucratic brain freeze and did nothing. This hardly qualifies as a “damned if you do and damned if you don’t” incident.
Bron: “lottakatz: this is happening to older folks too, medicare/medicaid is being ripped off by doctors who see the elderly as their cash cow.”
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Bron, I know that’s true from my experience with my dad. It’s one of the reasons I think single payer could be a boon to the consumer if a system that put doctors on a payroll basis could be implemented. The profit motive can kill you if you can’t do the homework to review your doctors treatment and call a halt to the needless tests and treatment.
Bron , yea, grass fed beef is full of healthy fats. In our quest to improve food we only made them more convenient for manufacturers, not more nutritious for people to eat.
idealist, the only problem I have with Canola oil is even the wild plants are GMO now. all of them have been contaminated by Monsanto Round Up Ready strains.
This means the plant does not chelate minerals properly..
What those kids call as a high is what I call an unpleasant side effect. I use two daily, and although I’ve used them for years they still make me very nervous at times. I just don’t understand what they could find about the side effects that would be considered a good feeling at all.
idealist, The University of Michigan study was linked in my article. I make a point of not preaching about drug abuse. I eat as much wild fish as possible for the omega 3’s. Wild copper river salmon is available now but it is very pricey.
Was the form an update from the previous year? Would the Dr.s rx on inhaler contaniner, which was clearly seen by nurse/principal, have been considered legally sufficient for the inhaler to have been administered? I have severe asthma. they’re lucky that child didn’t die. And did the school ever call 911?
idealist, I put a link up, too. lol My sister was just telling me about inhalant abuse in her daughter’s middle school the other day.
Elaine–tnx for UM study. vy important to know.
SwM–you sounded like the DEA a while there, until UM study supports your contentions. Know where you are and approve, but don’t know the facts of the matter. Few do.
And you’re a Doc Weil early follower. Me too.
Shano–Omega 3 forever. Canola oil is cheaper than walnuts, but not as much fun. Try walnut sourdough bread.
Bron–grass fed beef is full of saturated fats. The body got in only sparingly in our original state. A no-no.
Fee–She was waiting for his lips to turn blue before administering it. Or an abuse confession. Ratchett Reigns
ALL–Eat like Shano. Watch food sources change then. AVOID MICROWAVING ANTTHING EXCEPT A CUP OF COFFEE. Have the doc file to prove it. Nuts? Yeah, and so is Monsanto, and they are making a profit on our life deterioration. Good luck all.
lotta,
It was the missing “l” in html.