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August 02, 2011

Complaint alleging educational malpractice dismissed

Complaint alleging educational malpractice dismissed
Helm v. Professional Children’s School, 103 Misc 2d 1053

In Helm, a Court of Claims judge ruled that problems, including the practical impossibility of proving that the alleged malpractice of the teacher was the cause of the learning deficiency claimed by the parents of a child and the fact that student attitudes, motivation, home environment and temperament may all play an essential role, should, as a matter of public policy, bar consideration by the Court of Claims of educational malpractice against either public or private schools.

The opinion referred to the decision in Donahue v. Copiague Union Free School District, 47 NY2d 440, a case that involved a similar question.


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