You may have heard of medical malpractice or attorney negligence cases, but if you work in the educational field, it’s important to understand education malpractice lawsuits as well. While not as common as, for instance, medical malpractice cases, some lawsuits could be brought against schools or educators. Here are some of the foundational facts of education malpractice lawsuits that can help protect your institution.
Educational Malpractice Depends on Several Factors
The definition of educational malpractice typically hinges on whether a school failed to give a student an adequate education or if an institution misled a student. Some standards that must be met for a lawsuit to occur include:
- Proving the school’s negligence caused harm
- Demonstrating failure to meet duty of care
Unlike in cases of medical or legal malpractice, educational suits must demonstrate some educational breach of duty.
Some Cases May Be Thrown Out
In certain situations, courts have been known to throw out educational malpractice cases. This is partly due to the fact that there are few set standards of care for providing education, and it may be difficult to prove that a given school or educator is to blame for a student’s outcome. However, coverage can still protect cash-strapped institutions in the event a suit does occur.
While not as common as cases of attorney or medical malpractice, lawsuits have been brought against educators and educational institutions. In order to avoid education malpractice lawsuits, it’s important to learn key facts and get the coverage you need.