These days, it seems litigation is as American as baseball and apple pie. Even schools are not exempt from legal action. Educational malpractice is the claim that a school did not provide an adequate education. So why have many courts rejected educational malpractice lawsuits?
Educational Malpractice is Hard To Prove
One person may believe a school, whether public, private, or university, didn’t provide sufficient educational opportunities. However, this can be difficult to prove in a court of law. There are hundreds or even thousands of students who come through a school every year. Schools can point to those students as examples of how they provide quality education equitably.
Education is Subjective
Unlike services provided by a doctor or contractor, educational services are subjective. It is impossible to offer a one-size-fits-all approach. When these lawsuits claim a lack of opportunity in the classroom, it is nearly impossible to prove because they cannot pinpoint what “should” happened. A surgeon “should” have removed the appendix but suffered an accident. There’s no comparable event in education. There are more variables in a classroom that don’t exist in other facets of society.
Education is one of the most critical institutions offered by modern society. Before turning to a lawsuit, consider what you can contribute to the education system to improve it for everyone.