Why Many Courts Have Rejected Educational Malpractice Lawsuits

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.