GRADE 2 STUDENT ARBITRARILY INSERTS PLASTIC BEADS INTO YOUR EAR DURING FREE PLAY TIME, LEADING TO OTITIS MEDIA REQUIRING SURGERY TO REMOVE IT: WHO IS RESPONSIBLE FOR PAYING FOR HOSPITAL BILLS?

“Seemingly harmless pranks by young children can sometimes lead to serious medical consequences and lead to disputes between families. When a student injures you during your time at school, the question is not only who gets compensation, but also the school’s responsibility for management, supervision and child safety education.”

Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.

Summary of the actual case (The Case)

During the morning free play at Primary School X, Commune B, Province C, Nguyen Van A (8 years old, Grade 2 student) brought some small plastic beads used to make crafts.

While playing with friends, Ms. A took a bead and stuffed it into the ear of Tran Van D who was sitting next to her for the purpose of teasing.

At first, D only felt slight pain and discomfort, so he did not immediately report it to the teacher. In the afternoon of the same day, her ears began to swell and hurt, discharge and was taken to the hospital by her family for examination.

The examination results determined that the beads were deeply embedded in the ear canal, causing acute otitis media and D had to undergo a minor surgery to remove the foreign object.

After the incident, Ms. D’s family asked Ms. A’s family to pay all costs of treatment, medication and compensation for mental losses.

Meanwhile, A’s parents said that the incident occurred while the student was at school, so the responsibility belonged to the school and the homeroom teacher for not adequately supervising.

So in this case, the responsibility for paying hospital fees belongs to the parents of the student who caused the injury or the school?

Legal perspective – “Solid shield”

Liability for compensation of minors causing damage

According to Clause 2, Article 586 of the 2015 Civil Code:

“A person under the age of fifteen causes damage but his or her father or mother must pay compensation for all damages; if the property of the parents is insufficient for compensation but the minor child causing damage has his or her own property, such property shall be used to compensate for the shortfall, except for the case specified in Article 599 of this Code.

Persons aged between full fifteen and under eighteen who cause damage shall have to pay compensation with their property; if they do not have enough assets to compensate, their parents must compensate for the shortfall with their own property.”

Thus, for children under 15 years old, the responsibility for compensation for damage in principle belongs to the child’s parents or legal representatives.

Compensation liability of a legal entity to its own person

According to Article 600 of the 2015 Civil Code:

“Individuals and legal entities must pay compensation for damage caused by workers and apprentices while performing their assigned jobs and have the right to request workers and apprentices who are at fault in causing damage to refund a sum of money as prescribed by law.”

This regulation is usually applied when teachers, employees or employees of the school directly cause damage in the process of performing their assigned tasks.

In addition, if the school or teacher is at fault in managing and supervising students, leading to damage occurring, the school’s responsibility can also be considered corresponding to the actual level of fault.

Responsibility to ensure the safety of students

“Article 89. Responsibilities of the school

The school is responsible for implementing the plan for universalization of education and the code of conduct; proactively coordinate with families and society to organize or participate in educational activities according to the school’s plan, ensuring the safety of teachers and learners; notify the students’ learning and training results to their parents or guardians.

…”

According to Clause 1, Article 89 of the 2019 Education Law, educational institutions and teachers are responsible for managing, educating and ensuring a safe learning environment for students during the time of learning and living at school.

This includes the responsibility for organizing appropriate supervision of elementary students during school hours, recess, and group activities.

Apply to the situation

In the above situation, the act that directly caused the injury was the arbitrary insertion of beads into your ear, leading to the consequences of treatment and surgery.

Because Child A is only 8 years old and not yet 15 years old, according to the provisions of Clause 2, Article 586 of the 2015 Civil Code, Child A’s parents will in principle be the ones responsible for compensating for damage to Child D, including:

Expenses for medical examination and treatment;

Expenses for medicines and health rehabilitation;

Other reasonable expenses incurred during treatment;

Compensation for mental losses as prescribed by law.

However, the responsibility of the school is not automatically excluded.

If the verification results show that the teacher is absent from class for a long time, does not arrange a student manager during playtime, or allows students to use dangerous items without appropriate control measures, the school’s management responsibility should also be considered.

On the contrary, if the teacher has fully fulfilled the normal supervision obligation, the incident occurs unexpectedly and exceeds the ability to take reasonable precautions, the main compensation responsibility still belongs to the parents of the student causing damage according to Article 586 of the Civil Code 2015.

Legal conclusion

Through analysis, it can be seen that in case a grade 2 student injures you by mischievous behavior during playtime, the responsibility for compensation for damage first belongs to the parents of the student who caused the damage according to Clause 2, Article 586 of the Civil Code 2015.

The school is only responsible when there are grounds to prove that the teacher or educational institution is at fault in managing and supervising students, giving rise to or contributing to the consequences.

Therefore, the determination of final responsibility should be based on the degree of fault of each party, ensuring the principle of fairness and conformity with the reality of the case.

Perspective of Psychology – Education – Governance – “The Key to Humanity”

Psychological perspective

For D’s family, the first feeling is often panic, fear for her child’s health and long-term hearing. Then there is the frustration of thinking that just a joke from a classmate will cause your child to undergo surgery.

On the contrary, Mr. A’s family also faces great pressure, feelings of guilt and worries about financial responsibilities and relationships with your family.

If not resolved skillfully, civil disputes can easily turn into long-lasting conflicts between two parents, directly affecting the psychology of the students themselves.

Educational perspective

Children of primary school age are not fully aware of the dangers of jokes involving the eyes, ears, nose or sensitive parts of the body.

Therefore, instead of just sanctioning, schools need to strengthen education on personal safety skills, peer protection skills and skills to recognize dangerous behaviors in daily play.

A timely safety lesson can prevent many unfortunate accidents in the future.

Management perspective

The incident sets requirements for school safety management for kindergartens and primary schools:

Control students carrying small objects that pose a risk of danger into the school.

Increased supervision during free play hours.

Assign teachers to be on duty in the school yard and corridor.

Organize seminars on school safety education periodically.

Develop a quick handling process when school accidents occur to minimize consequences for students.

School safety is not only created by fences and cameras, but also by children’s awareness and the presence of adults at the right time.

Comprehensive solution of Expert Nguyen Huu Long

When a school accident occurs, the child’s greatest hurt lies not only in the physical injury, but also in the way adults treat each other around the incident.

Putting the child at the center of empathy: The rescue of health and psychological healing for students in distress must be an absolute imperative, not allowed to be weighed and measured by more calculations. On the compensation scale, fairness needs to go hand in hand with altruism. Families need to be alert to choose a negotiated and empathetic solution, rather than pushing an unfortunate incident into a whirlwind of protracted legal battles or personal conflicts — which only inadvertently deepen their own children’s psychological trauma.

The school must not stand on the sidelines: The school board cannot keep an “innocent” mindset or shirk responsibility when an accident occurs on its campus. Acting as an intermediary coordination bridge, defusing conflicts between parent groups is the administrative and ethical responsibility of the school. More importantly, from the tears of the incident, the school administration system must upgrade itself: tighten the supervision corridor, turning dry safety lessons into core self-protection skills for students. A safe pedagogical environment can only be achieved when adults choose to behave civilly and actively prevent risks from the root.

Expert Nguyen Huu Long’s message:

“Most school accidents start from jokes that children are not aware of the consequences. It’s the responsibility of adults not only to deal with the consequences, but also to teach children the limits of mischief to protect themselves and their friends.”

EXPERT PERSPECTIVE:

This article is based on the professional consultation and advice of MSc. Nguyen Huu Long – Expert in Leadership, Legal, Psychology & Education. With a multi-disciplinary integrated mindset, we not only provide a solid legal shield but also provide comprehensive risk management and psychological empathy solutions for the sustainable development of the community.

If you or your organization are facing similar problems with land or schools, please contact us immediately via hotline or leave a question at the tuvanphapluattamlygiaoduc.vn website system or via the hotline: 0898.627.762 for timely support.