{"id":337,"date":"2019-07-30T08:36:43","date_gmt":"2019-07-30T08:36:43","guid":{"rendered":""},"modified":"2019-08-07T12:11:48","modified_gmt":"2019-08-07T12:11:48","slug":"ethan-belcher-negligence-case-study","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/free-law-essays\/tort-law\/ethan-belcher-negligence-case-study.php","title":{"rendered":"Ethan Belcher Negligence Case Study"},"content":{"rendered":"

Case
\nSummary<\/strong><\/p>\n

In 2009, Ethan Belcher a first grader at
\nKelly Elementary School in Wichita, Kansas was excused from class to use the
\nrestroom.  While using the urinal, his
\npants came in contact with an undiluted general-purpose disinfectant solution
\nthat had puddled onto the floor. 
\nAccording to court documents, after returning to class, the student
\nbegan \u201ccomplaining of burning and stinging\u201d near his left hip area, (The
\nWichita Eagle, 2018).  The student was
\nsent to the nurse and returned to class with an ice pack.  The teacher became concerned as the student\u2019s
\ncondition worsened and he was carried to the nurse\u2019s office for further
\nexamination.  It was then discovered the
\nstudent had a five inch by four-inch wound on his left hip area.  Ethan was taken to the hospital where doctors
\nlater determined the student had suffered a third-degree chemical burn.  Ethan had to undergo several surgeries and
\nmajor skin grafting while spending a month in the burn unit.  His mother filed a lawsuit alleging the
\nWichita School District was negligent in ensuring her son\u2019s safety at school.   A settlement was reached out of court in
\nFebruary 2014.<\/p>\n

Application to Readings<\/strong><\/p>\n

HISTORY OF SCHOOL NURSING   <\/strong><\/p>\n

      <\/strong>School nursing
\ndates back over a hundred years and the basic need to provide a safe and
\nsanitary environment in which to attend school and learn was the focus.  A safe, healthy environment continues to be one
\nof the main components of a successful school health program today.  Over 90% of all children spend their days
\ninside school buildings making them vulnerable to array of environmental
\nhazards (healthyschools.org, 2018).  Some
\npotential sources of exposure in schools include biological and chemical
\nhazards, air, food and water contaminants (Schwab, 2005).  These exposures during childhood can have a
\nlifetime impact due to student\u2019s developing organs, body size and
\nvulnerability.  All children are at risk
\nof developing future health and learning difficulties due solely to the
\nenvironment of their school (healthyschools.org, 2018).  Students must be able to learn in an
\nenvironment free of hazardous contaminants posing health risks to them.  Currently, the Environmental Protection
\nAgency (EPA) regulates chemicals found in school buildings and every chemical
\nused in schools must have a Material Safety Data Sheet (MDSD) that describes
\nchemical properties, storage, disposal, potential hazards, as well as
\nprotective equipment and spill handling procedures (EPA.gov, 2018).   Many schools have started adopting green
\ncleaning programs by selecting alternative products to help minimize health
\nrisks.  States play a critical role in
\nthe implementation of a healthy school environment by setting guidelines to encourage
\nschool districts to formulate the best plan possible to ensure all student\u2019s
\nhealth and safety.  <\/p>\n

SOURCE AND CLASSIFICATION OF LAWS<\/strong><\/p>\n

     <\/strong>The lawsuit filed by Ethan\u2019s mother on behalf of her son, against
\nWichita School District was a case law or law of judicial decision.  Although this lawsuit was settled out of
\ncourt it was determined a civil action lawsuit alleging negligence on part of
\nthe Wichita School District and co-defendant, former school nurse, Cynthia Ann
\nThomas.  The tort action of negligence does
\nnot require any intent but results from a breach of legal duty (Schwab, 2005).  Ethan\u2019s mother argued the school system was
\nnegligent in ensuring her son\u2019s safety at school.  First, for allowing hazardous chemicals to spill
\non the floor, second, for failing to train custodians in the proper handling
\nand storage of chemical agents and finally, that the school nurse failed to
\nexamine and identify the student\u2019s injuries as well as initiate the proper care
\nand treatment of a chemical burn.  <\/p>\n

NEGLIGENCE<\/strong><\/p>\n

     <\/strong>Ethan Belcher\u2019s mother, Martha Smith, filed a lawsuit alleging
\nnegligence against Wichita School District in permitting hazardous chemicals to
\ncollect on the bathroom floor where students could be harmed and failing to properly
\ntrain employees on safe use and storage of chemical agents (The Wichita Eagle,
\n2018).  The undiluted cleaning solution,
\nwhich is normally diluted 2 to 3 ounces per gallon of water, soaked into the
\nstudent\u2019s clothing causing a third-degree burn wound.  The lawsuit also names the school nurse as
\nco-defendant in the case stating she failed to assess the student\u2019s injuries as
\nwell as failed to identify and treat the chemical burn.  According to court documents, during the
\ninitial health room visit the school nurse gave the student an ice pack but
\nnever assessed the area causing discomfort.  It was later determined at the hospital the
\nwounds likely worsened and increased in size due to the delay in treatment at
\nschool.   \u201cLiability in a negligence action
\ndoes not require intent on the part of the defendant but proof that the
\ndefendant\u2019s conduct did not conform with a standard of care\u201d (Schwab,
\n2005).  It appears the school district
\nand school nurse were negligent in ensuring Ethan\u2019s safety and health while at
\nschool.  If this case had gone to court
\nthe four elements of negligence would have had to be proven with more than 50%
\nof the evidence indicating the school district and school nurse were at fault
\nin causing injury to the student.  The
\nschool had a duty<\/em> to keep a healthy
\nenvironment free and safe of hazards and the school nurse had a duty<\/em> to assess the student\u2019s health
\nconcern\/complaint.  Since the school
\nnurse failed to assess the needs of the student she then was unable to execute
\nthe duty owed which establishes a breach
\nof duty<\/em>.  This leads to a proximate cause<\/em>.  The school nurse failed to assess for
\ninjuries, and take action resulting in further harm to the student.  The student sustained an injury or damages<\/em> in the case proving all four
\nelements of negligence were present (Schwab, 2005).  <\/p>\n

STANDARDS OF PRACTICE<\/strong><\/p>\n

Assessment<\/strong><\/p>\n

    <\/strong>All school nurses have a duty to assess our students who are in our
\ncare and collect all information needed to make a sound judgement in the
\ntreatment or outcome of a student\u2019s health situation (ANA, 2015).  In relation to this case, the student
\nappeared to have a complaint of burning and stinging that was not thoroughly
\nassessed.  According to court documents,
\nthe nurse gave the student an ice pack and he returned to class.  <\/p>\n

Diagnosis<\/strong><\/p>\n

   <\/strong>As school nurses we are required to analyze information in our
\nassessment to determine a potential problem (ANA, 2015).   <\/strong>Due to the limited assessment the school
\nnurse conducted, she was unable to formulate a proper diagnosis or health issue
\nin a timely manner.  The student\u2019s health
\ncontinued to decline which resulted in an emergency.  <\/p>\n

Outcomes Identification<\/strong><\/p>\n

     <\/strong>To identify an expected outcome for a plan, the school nurse must be
\nable to accurately assess and diagnosis the health situation (ANA, 2015).  In this case the school nurse\u2019s assessment
\nand diagnosis failed to deliver a favorable outcome due to a poor initial
\nassessment.  This resulted in not being
\nable to develop an expected outcome or facilitate care in an efficient manner.  The student suffered a third-degree burn and
\nan extensive recovery.<\/p>\n

STANDARDS OF PROFESSIONAL PERFORMANCE<\/strong><\/p>\n

Environmental Health<\/strong><\/p>\n

     <\/strong>The environmental health of Kelly Elementary School in relation to
\nthis case was unsafe.  Schools use
\nchemicals in a variety of ways daily.  The
\nappropriate storage and proper management of chemicals must be maintained to
\nhelp ensure the environmental health and safety of students.  It only takes one incident to break a
\ncommunity\u2019s trust.  Toxic chemicals are
\nassociated with several serious health problems and in this case a young boy
\ndeveloped a third-degree burn with permanent scarring.  The school nurse can assist in promoting a
\nsafe and healthy work environment by advocating for safer products to reduce
\nenvironmental risks (ANA, 2015).<\/p>\n

Conclusion<\/strong><\/p>\n

      <\/strong>This legal case
\nshows the serious health hazards which can result from an unsafe
\nenvironment.  All schools use chemicals
\ndaily in a variety of ways from cleaning agents to classroom chemistry labs,
\nelementary to high school level.  It is
\nimperative schools have a safe and effective chemical management program.  Improper use of chemicals can impact our
\nstudent\u2019s health and safety as well as cost schools financial stress and
\npossible school closure or legal issues. 
\nImproving chemical management through proper training of staff, regular
\ninventory assessment to dispose of chemicals that are outdated or unauthorized,
\nand appropriate storage with accurate labeling can help the environmental
\nhealth of schools (EPA.gov, 2018).   An
\narea I feel strongly is incorporating green cleaning products into
\nenvironmental health programs.  Many
\nschool districts have begun to adopt green cleaning programs and
\npractices.  \u201cGreen cleaning\u201d products
\nreduce the harmful effects on health and the environment by using safe effective
\nalternatives that are environmentally friendly. 
\n The school nurse has the
\nknowledge and understanding of environmental health issues and is in a pivotal
\nposition to advocate for a successful sustainable healthy school environment (NASN,
\n2018).   A healthy school environment can create
\nlasting benefits to students and staff!<\/p>\n

References<\/p>\n