Parents' bullying lawsuit against school nurse dismissed in Taiwan

The parents of a young girl at a Tainan elementary school have lost their lawsuit against a school nurse, whom they accused of bullying that led to their daughter developing psychological trauma. The family sought over NT$300,000 in damages, alleging the nurse's conduct caused their child significant distress.

The case involved several incidents, including a severe reprimand when the girl requested medication for her eyes and being forced to read the ingredients of topical medication before it could be applied. The parents also claimed the nurse failed to measure the girl's height and weight and refused to leave the room during a flu vaccination, causing the child fear and leading her to refuse the inoculation at school.

However, a judicial panel at the Tainan District Court found that while the nurse's actions showed administrative negligence, they did not meet the legal definition of bullying. The court noted that some of the parents' claims were filed beyond the two-year statutory limit. Furthermore, the court determined that the nurse's behavior, though potentially poor in attitude or communication, lacked the intentional malice required to establish a persistent hostile environment characteristic of bullying.

While the nurse was disciplined administratively for her conduct, the court differentiated this from the legal threshold for bullying. The ruling stated that national compensation requires unlawful infringement, and the nurse's actions, despite being unsatisfactory, did not rise to that level. The court upheld the administrative negligence finding but rejected the bullying claim, leading to the parents' lawsuit being dismissed.