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About Educational Malpractice Court Cases

Most people think of malpractice as something that occurs in a medical setting, but the term can apply to any professional who has acted negligently or incompetently. Educational institutions may be sued for malpractice if they fail to provide students with a proper education. Many circumstances can lead to educational malpractice court cases. However, these cases are challenging to argue in court.

Educational Malpractice Allegations

Malpractice allegations may include:

  • Inadequate supervision
  • Inadequate testing
  • Failure to accommodate a disability
  • Incorrectly labeling a student as disabled
  • Allowing a student to advance or graduate without meeting requirements

If a student or parent believes that the school’s negligence caused harm, there may be a basis for a malpractice suit.

Educational Malpractice Court Cases

To win the suit, the plaintiff must demonstrate four things:

  • The school had an obligation to provide a reasonable standard of service, known as a duty of care.
  • The school failed to fulfill its duty of care.
  • The student experienced harm as a result.
  • The student suffered a loss or damages.

Due to the subjective nature of educational standards and the many factors that affect academic performance, educational malpractice court cases can be challenging to prove.

Schools have a duty to educate students. When a student or parent perceives that the school has failed in that duty, a complicated legal battle may ensue.