Mother sues schools over unauthorized gynecological exam

Friday, January 22, 2010 at 2:39pm

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.

19 Comments on this post:

By: Blanketnazi2 on 1/22/10 at 2:15

if the school nurse was concerned about abuse she should have contacted Child Services, for cryin' out loud! what an idiot!

By: wolfy on 1/22/10 at 2:49

I'd own the school if that was my kid!

By: nashtnman on 1/22/10 at 3:32

And what would you say if the girl showed signs of molustation which is the case much of the time?

By: localboy on 1/22/10 at 3:50

Is it against school policy if a child complains about a health issue (such as it hurts to pee or there's blood on my ...) for the school nurse to perform an examination? Does the policy tell her what the next step is?

By: Blanketnazi2 on 1/22/10 at 3:59

child services and the police should have been notified. she overstepped her bounds with a minor who could not consent.

By: Blanketnazi2 on 1/22/10 at 3:59

wolfy, i totally agree.

By: artsmart on 1/22/10 at 4:25

This is typical Metro Schools and Metro Government. First of all you can only sue any Metro agency for $250,000 and they hide the payouts from everyone. Secondly it is against Fedral Law to hide the information but because no one is ever held accountable nothing changes. The group on Bransford i9s corrupt as they ever were.

By: richgoose on 1/22/10 at 4:54

The nurse should have known that an Antioch parent has no chance of escaping their environment except by lawsuit or settlement of a lawsuit.

The principal should have called a faculty meeting before the start of school to point out the financial and intelligence quotient of the Antioch area parents.

The nurse saw the futility of life among the students and immediately thought here is a chance to perhaps save an abused child. Unfortunately she did not follow a procedure that must come from the bureacracy on Bransford avenue.

A good deed or good intention in Antioch never goes unpunished.

By: kimmello on 1/22/10 at 9:10

Kim

Correct she did not follow proper procedures. The school systems are going to far with kids these days. I understand that they protect children in (some cases) from abuse. There are people to deal with matters of this kind, its not a nurse or teacher nor any school personnal job to pull a childs pants down to ( inspect).

By: thefinalsay on 1/23/10 at 3:01

Why is an attorney and not MNPD or DCS investigating this case? If a non civil crime was committed, you go to the police. If you think there is a payout, you go to an attorney. I wonder if the attorney told the mom that her fees would take a huge chunk of any possible settlement?
Typical greedy ignorance at work.

By: idgaf on 1/23/10 at 6:19

Get a grip people . What was described was not a "gynecological exam "

By: artsmart on 1/24/10 at 3:35

The point is that the nurse does not have the right to do that to a young child without the consent of the parent. If they believed the parents did something they are to notify CPS. The reason so many people get lawyers, is that the school system refuses to disclose what has happened to your child. It is against the law to do so but they do it any way. You would think if the wrong thing was not done the information would be turned over.

By: michael thomas on 1/25/10 at 6:56

If you think for one minute this is something just wait to see and hear what you will not hear about. For example they are giving the principals the decision to punish the students in ways that we are not told are explained. There is still a large amount of cases out there where students are still bringing weapons and so forth to school. The zero tolerance in schools is ready for zanies comedy just right down the street. I think brandsford goes to them for making up the rules. And if you are doing your job you do not need no unions for speaking for you when you can decide for yourself what needs to be done and what actions to take.

By: fishfry on 1/25/10 at 9:30

Are you people nuts? This was NOT a gynecological exam! Just a school nurse, an adult, trying to help a child. Why is anything done in goodness or kindness seen as an abuse these days? Makes me think this parent needs to stay home and take care of this kid instead of sending her to school when she has pain in a sensitive part of her body! When are parents going to take responsibility for their children? Why do you think we have school nurses in the first place? Because parents are working, missing, drunk, addicted - well you name it. There is no one looking out for the child in the first place and she should have been taken to a doctor by her PARENT! I smell a quick way to make some easy money in this whole mess.

By: i.am.a.taxpayer on 1/25/10 at 10:08

Bladder infections can definitely be caused by sexual intercourse. What the nurse did seems very reasonable under the circumstances. If anyone has ever had a gynecological examination, they realize that is not what happened. If the child's shoulder or knee hurt, the nurse would look at it. The nurse is a trained medical practitioner!!!

By: girliegirl on 1/25/10 at 10:40

I've had friends get bladder infections from clothing that was dry cleaned, from clothing that had too much Tide residue, from antibiotics, from falling on a balance beam during a gymnastics competition (ouch)..... and then I have a dear friend who said she never has sex but gets them all the time because she's predisposed for the condition. The nurse was checking to see if the child needed "immediate" care, alas, none was needed. Take a deep breath folks.

By: girliegirl on 1/25/10 at 10:42

Hey Richgoose, are you a freak? I've had uber wealthy friends who were abusive to their children (so we later found out) so financial/social status does not automatically make you a victim in this scenario.

By: artsmart on 1/25/10 at 12:01

Girlegirl:

I only have 2 questions, why would the nurse not have spoken to the parent before doing anything. Secondly why would the school system stonewall when the parents asked for information about what was done. There are rules and laws that these types of things are not acceptable without parental consent.
I cannot figure out any circumstance that a parent would not be called before something was done. They call immediately when there are bumps and bruises.

By: Jacquexox on 1/25/10 at 2:31

richgoose you are a pompous @ss...