Is this a Waiver? What does it mean?

Posted on: Mon, 08/26/2002 - 11:06am
LaurensMom's picture
Joined: 05/23/2001 - 09:00

pHi,br /
Having wonderful results from Lauren's elementary school as they prepared for her entry into 1st grade. They start on Wednesday./p
pToday in the mail we get this:/p
p"I hereby request and give my permission for a designated member of the school staff to assist my child, Lauren, in tatking medication during the school day as prescribed by her physician. I also request that the school nurse, or other staff member designed by the principal, keep the medication in her custody, while assisting my child in taking the same in accordance with the physicans instructions..../p
pIn making this request, we, the parents, agree not to hold liable any member of the school whose duty it is to assist our child in taking said medicine. Further, we agree to hold harmless and indemnify the and any such member of the school staff for any and all losses that may be occasioned as the result of assisting our child in taking such medicine. I relase any such member of the school staff from responsibiilty for any adverse effects from the medication."/p
pI have heard of PA parents being asked to sign waivers. Is this one?/p
pIt appears to me that this says that I will not hold them liable if, for example, she had an adverse reaction to properly administered medication. This does not say, and correct me if I am wrong, that if they improperly administered medication or withheld medication, against the 504/emergency plan/doctor's orders, that I won't hold them liable./p
pAm I reading this correctly?/p

Posted on: Tue, 08/27/2002 - 5:34am
Gadget's picture
Joined: 10/01/2001 - 09:00

It sounds a lot like the waiver we got from my Ds's school, and yes, I think you are reading it correctly in that they are not trying to absolve themselves from responsibility if they do not administer the medication. I know that EVERYONE says "Don't sign the waiver", but my husband and I *did* sign ours. The reason: we personally felt that the waiver did wonders for the peace of mind of the school personnel, especially Ds's teacher (who is named personally on the waiver). I honestly don't know how much legal merit the document would have, since it was not even notarized or anything, but we felt that making his teacher more comfortable was VERY important, and if she feels better due to this document, then we will give her that little bit of comfort. But, we totally trust that the school will act in the best interest of our child. I have NO doubts whatsoever. The entire school has been trained to use an Epi-pen, and they practice each school year. The waiver was just a formality, we felt. We had no problems signing it. As long as the teacher (or whoever) acts in the best interest of our child, I would never consider suing anyway. I would say that the only way I would even *consider* suing the school is if the teacher chased my son down with his Epi-pen, threatening to use it because he was misbehaving!! LOL!! Since I know that only a PSYCHO would do that, I am honestly not worried about whether or not I have the ability to sue the school. I would sign 100 waivers if it made my son's teacher, and the school personnel, more comfortable. With all that said, I will add that I would NOT sign the waiver that another poster was given, that actually absolved the school of responsibility if they did NOT give the Epi-pen. Ours didn't say that, though--I checked it VERY carefully! I do know that most people will tell you never to sign the waiver, so my opinion might not mean much! LOL! Good luck with everything!

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