Skip to comments.Mother sues (Nashville TN) schools over unauthorized gynecological exam (6 Year old child)
Posted on 01/23/2010 1:46:11 AM PST by The Magical Mischief Tour
An Antioch woman is suing the Metro Board of Education and a former nurse at Mt. View Elementary, claiming the nurse performed a gynecological exam on her daughter without her consent.
Seeking unspecified damages, the woman claims the exam inflicted emotional distress on her daughter, resulting in post-traumatic stress disorder.
According to documents filed in Davidson County Circuit Court on Wednesday, the 6-year-old girl had a history of bladder and urinary tract infections. On Oct. 28, the girl complained to her teacher of genital pain, the filing says. Her mother confirmed to the teacher that the girl had a doctor appointment in a couple of days. The following day the girl was taken out of art class and brought before the school nurse, who no longer works at Mt. View Elementary. The nurse asked the girl, the filing says, "if anyone had touched her privates. The girl said, "No."
"(The nurse) then took (the girl) to the bathroom and had her pull down her pants and panties and squat. She then told (the girl) to open her private. (The nurse) then told her, "it's not red, you can pull your pants up."
Prior to filing the suit, the woman's attorney, Phillip L. Davidson, said the school board had been unresponsive. "The school board has not cooperated with us at all in trying to investigate this matter."
A spokeswoman for the school board declined to comment.
I’d be looking for the best law firm I could find...!
This sounds like some typical TN Dept of Children’s Services crap program they have stuffed in the back door of the states public school system.
Probably mandatory now if a child complains of something like this to undergo a “medial exam” to “determine” if DCS “needs” to be called in so they can ruin more lives.
TN DCS has a VERY BAD history of being colossal idiots, accusing the wrong people of crimes, giving children over to convicted sex offenders who then assault them and failing to remove children from homes where actual abuse is taking place.
This kind of crap is hard to believe. Not that I don’t believe it happened, it’s just hard to believe someone could be so irresponsible and stupid.
Dennis Prager once told a story of craziness like this by a preschool teacher. The little girl had to go pee or poo and used a certain name for it or her body part. Can’t remember all the details, but the young pre-school teacher started questioning the little girl and then took it upon herself to call the authorities about suspected child abuse. The poor dad in the case had a heck of a time getting back into the home. It was all over some over-zealous young teacher’s stupidity.
Darn! In our local school district they won’t even remove a splinter.
This must have been a social services examination and someone had reported abuse.
Because of Tennessee state laws written by previous DEM majority lawmakers and because of DCS own LIBERAL agenda and policies the kids who need to be adopted out simply aren't but rather end up playing musical Foster Homes for years on end.
I wish a Knoxville or East Tennessee area Conservative lawmaker would sign up under an assumed name for DCS Foster Parenting P.A.T.H. Classes and see the heck what is going on in this system. I think they would after 9 weeks be shocked and disgusted. They also need to talk to actual Foster Parents. In kinship cases especially the birth parents are being allowed to threaten, harass, and disrupt the homes the kids are in. The birth parents can also encourage their older children to act out and DCS does nothing. There's perp parents intimidating their victim children too trying to get testimony changes from them.
Kids with serious emotional issues for example will not get the level of help they need because DCS legal nor the caseworkers even bother to give the judges the case reports and professionals recommendations. When their boo boo's finally come crashing down they pin blame on everyone else but themselves. This system need a very extensive investigation by our lawmakers and policy changes made ASAP. We also need a new DCS Commissioner as well.
For the case in the article? If they felt that child was in danger then there is a County Health Department OR better yet the nurse could have easilly asked do you mind if I contact the childs doctor. Issue Resolved and all rights protected. UTI's especially in females at any age due to anatomy issues are pretty common and that nurse should have known that.
“TN DCS has a VERY BAD history of being colossal idiots, accusing the wrong people of crimes, giving children over to convicted sex offenders who then assault them and failing to remove children from homes where actual abuse is taking place.”
Unfortunately, Tennessee’s DCS is not alone. That sort of incompetence is nationwide, and usually protected by govt. which results in more of the same.
A six year old with recurrent UTIs should definitely raise the suspicion of child abuse, and naturally the first place to look would be with other young boys in the home or at the baby sitters etc...
So for thinking of that the nurse should be commended...but
for carrying out the exam, I think in this day and age she was stupid.
Pulling her pants down, exposing her privates to the school nurse...was probably not traumatic at all until the mother made a spectacle of the incident.
Years ago these things were handled properly...and discretely... Today any doctor or nurse who decides to exam a minor without the parent’s consent is naive and stupid.
As Nurses we are federally mandated to report abuse of any kind. However, we are not authorized to personally examine every child who may or may not be in trouble.
This could be nothing more than a person trying to create a little job security. They hope to create a need for their services. Many jobs would be in danger if something wasn’t found.
“...mandated to report abuse of any kind...”
What is the definition of abuse?
Who gets screwed when you are wrong? It sure as hell isn’t you.
You and I must have the same school district. Not gonna happen around here.
Uhmmm... you are so far out in left field that we can’t even see you. Such an examination is not part of the school nurse’s job description, so this (obviously) isn’t going to aid job retention.
And who’s “getting screwed” if she isn’t wrong? (answer: a child) Just remember, it does happen.
Really? Gee, didn’t know that. Thanks for enlightening me, master. Naturally, you missed the point. I’ll explain it for you.
There is no penalty for being wrong. Get it now?
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That absolutely does not justify what she did. There were plenty of other courses of action that she could have pursued to investigate this further.
And if the little girl isn't being abused, then what the nurse did can count. Abusing children in the name of preventing abuse is pretty ironic and hypocritical.
I can't believe that people defend this kind of stupidity in the name of *protecting children*.