Baby Hurt at Daycare...

by Bonita
(Suwanee, GA)

I took my son to daycare and he was fine. The daycare called and said my son (1 yr old) was limping and now crying in pain. The daycare didn't know how this happened even though there are cameras in the center.

His ankle was swollen so I took him to urgent care. The doctors there put his ankle into a cast and told me to consult an orthopedic doctor. I think the daycare should be responsible for my son's medical bills. Should I consult a personal injury attorney?

Visitor Question:
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ANSWER for "Baby Hurt at Daycare...":

Bonita (Suwanee, GA):

It depends. Before you take any legal action you must first know what injuries your son suffered. Although the doctors "casted" your son's leg it doesn't necessarily mean his leg was broken, or in another way seriously injured. The doctor may have placed your son's leg in a cast as a preventative measure. That premise seems to be reinforced by the doctor's referral of your son to an orthopedic surgeon.

Hopefully, your doctor's preventative measure will remain just that - preventative. In the unfortunate event your son is more seriously injured, the next step will be to establish liability. You can't presume just because your son appears to have sustained an injury at, or about the time he was in day care, the day care was somehow negligent or contributory in the injuries.

You mention the day care has cameras. If that's the case ask to see the video of the day your son was there. If the day care center has nothing to hide they may show it to you. If they don't that doesn't necessarily mean they are responsible. Legally they don't have to show you the video. Only if a lawsuit was filed will you have an opportunity to view the video. And that would be after your attorney filed a Motion to Discovery.

You are in the proverbial "what comes first - the chicken or the egg" dilemma. Without proof of the day care's negligence or liability it will be quite difficult to convince an attorney to accept the case. If your son's injuries are serious you may have a better chance of finding an attorney to represent him. One step at a time. See the orthopedic surgeon first and go from there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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