Newswise — No one wants to be sued, but now educators who find themselves in that situation have a resource guide to help them be better prepared.
Robert J. Shoop, professor of educational law and senior scholar in the Leadership Studies Program at Kansas State University, has written "An Anatomy of a Lawsuit," his 15th book. Published by Corwin Press, the new book is written to help educators learn how to prepare effectively, respond appropriately and help achieve positive outcomes when faced with litigation.
"I hope this book will help educators think like risk managers to prevent many problems before they result in litigation," Shoop said. Shoop said generally, liability is assigned if the professional did not act as a competent capable person.
"Although I believe the vast majority of educators are competent, capable, caring people, even honorable professionals run the risk of making a bad decision or unintentionally causing harm. In our current litigious society, when someone believes they have been harmed, they look for someone to hold responsible."
According to Shoop, when the injury occurs in a school building or on school district property, this search generally focuses on the teachers and school administrators.
"The problem facing school districts and, ultimately, school leaders is not whether they are immune from lawsuits but whether they can develop solutions to minimize their legal liability," he said.
"Regardless of the specific incident on which a lawsuit is based, generally, the critical question for the court to decide is whether or not the educator's actions as a school district employee meet the standard of care expected for the education profession. If it can be shown that the actions met or exceeded the accepted standard of care, the educator will likely not be found liable. However, if the educator's actions did not meet the standards of the profession, they may well be found liable."
As an expert witness Shoop helps the court understand the standard of care for the particular person in a particular situation. He then offers his opinion as to whether or not the professional met the standard. He has served as an expert witness in more than 40 civil and criminal court cases.
http://www.mediarelations.k-state.edu/WEB/News/MediaGuide/shoopbio.html
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