Student Assault Lawsuit Against School Nurse Dismissed—Court Says ‘Some Care’ Was Enough

A Virginia court has dismissed a gross negligence claim against a school nurse after a student was assaulted by peers, ruling that the nurse exercised “some degree of care,” a key legal standard that helps define how nursing liability is evaluated in school settings. 

The decision centers on school nurse Katharine O’Shea in Prince William County and highlights an important distinction that many nurses may not fully understand: how courts differentiate between ordinary negligence, gross negligence, and whether any care was provided at all.

The ruling is less about the outcome of the incident and more about how the court evaluated the nurse’s actions.

What Happened in the Case

The case arose from an incident in which a student was assaulted by other students. A lawsuit followed, alleging that the school nurse’s response constituted gross negligence in connection with the incident.

The claim against the nurse was ultimately dismissed.

The court found that the nurse had exercised at least “some degree of care,” which under Virginia law is enough to prevent the claim from meeting the threshold for gross negligence.

Why the Case Was Dismissed

Under Virginia law, the distinction between ordinary negligence and gross negligence is critical.

• Ordinary negligence refers to a failure to use reasonable care
• Gross negligence is a much higher standard and requires conduct that shows an utter disregard for the safety of others

To proceed with a gross negligence claim, a plaintiff must show more than a mistake or imperfect response. The conduct must reflect a near-total absence of care.

In this case, the court determined that the nurse’s actions, even if limited, demonstrated that she did not act with complete indifference. Because there was evidence of some response, the claim did not meet the legal threshold required for gross negligence.

Understanding the “Some Degree of Care” Standard

The phrase “some degree of care” is central to the court’s decision.

In practical terms, it means that a nurse took action that shows awareness of and response to a situation. This does not require perfect care or a successful outcome. Instead, it establishes that the nurse did not disregard the situation entirely.

This distinction is important. Courts are not evaluating whether care was ideal. They are evaluating whether any care was provided.

That difference can determine whether a case moves forward or is dismissed.

The Role of Sovereign Immunity

In Virginia, public school employees, including school nurses, may be protected under sovereign immunity, which can limit liability for claims of ordinary negligence.

Because of this legal framework, plaintiffs often must meet the higher standard of gross negligence in order to successfully pursue a gross negligence claim 

This makes the distinction between ordinary and gross negligence especially important in school settings. It also means that the presence of any documented care or response can play a significant role in the outcome of a case.

What “Some Degree of Care” Looks Like in Practice

While the specific facts of each case vary, courts evaluating nursing actions often look for evidence such as:

• Whether the nurse responded to the situation
• Whether any assessment or intervention was attempted
• Whether communication occurred with staff or administration
• Whether actions were documented

Even limited action can demonstrate that a nurse exercised some degree of care. That evidence can be enough to prevent a claim from rising to the level of gross negligence.

What This Means for School Nurses

This ruling reinforces a key point for school nurses and others working in similar environments.

Courts do not evaluate nurses solely based on outcomes. Instead, they examine whether care was provided and how the nurse responded in the moment.

For school nurses, this has practical implications:

• Documentation matters. Even brief documentation can demonstrate that action was taken
• Following protocols matters. Established procedures help show reasonable care
• Communication matters. Notifying appropriate staff or administration can be part of demonstrating response
• Clinical judgment matters. Even small interventions reflect awareness and decision-making

The presence of these elements can influence how a nurse’s actions are interpreted in a legal setting.

Broader Implications for Nurses in Institutional Settings

Although this case involves a school nurse, the legal principles extend to nurses working in other institutional settings, including long-term care, correctional facilities, and structured care environments.

In these settings, nurses often operate within systems where they do not control all variables.

When something goes wrong, courts focus on:

• What the nurse knew
• What actions were taken
• Whether any response was made

The question is not always whether harm occurred. It is whether the nurse’s actions demonstrate attention and care in response to the situation.

What School Nurses Should Know

• The difference between ordinary negligence and gross negligence is critical in determining liability
• Gross negligence requires a much higher threshold, including evidence of near-total disregard for safety
• Courts evaluate whether any care was provided, not just whether the outcome was ideal
• Documentation, communication, and adherence to protocol are essential for professional protection
• Even limited action can demonstrate “some degree of care” and influence the outcome of a case

The Bottom Line

This case highlights an important reality in nursing liability. In the eyes of the court, the central question is not always whether the outcome was prevented. It is whether the nurse demonstrated any level of care in response to the situation.

For school nurses and others working in institutional environments, understanding how that standard is applied is essential for both patient safety and professional protection.

From one nurse to another, this case is a reminder that our actions are not only part of patient care, but also part of how our practice may be evaluated later. Even in complex situations, how we respond and document that response can shape how our decisions are understood later.

🤔Do you feel confident that your current practice would meet the “some degree of care” standard if it were ever questioned? Share your thoughts below.