The first serious incident occurred 2 weeks ago. I got my son from the daycare facility and later when went to take his shirt off for a bath I saw he had FOUR bites from another child on him. The next day I confronted the director and teacher about it. They said they had 12 kids in his room and they didn’t see anything and my son didn’t cry. One of the bites had broken the skin and would have needed first aid.
I took pictures of the injuries on my mobile phone so I’d have proof it happened. My son is there 10 hours a day 5 days a week as I work full time and have no other options.
Also, this week my son got a fever and was very ill but nobody from the facility called me. When I picked him up he was laying on the floor drooling with a fever. I took him to urgent care and they rushed us to the hospital, He had contracted MRSA staph infection and needed immediate surgery!
I feel this daycare facility is unsafe and the staff are neglectful. I made report to the Department of Social Services and now wish to pursue them legally for the medical bills and my son’s pain and suffering. My son has been removed and I am now paying for private nurse care since he had surgery. What can I do to get restitution from them for their negligence? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You can take one of several actions…
The first is to write a certified letter, return receipt requested, to the day care facility. In that letter tell the owner exactly what you told us. Explain your frustration at their negligence in not properly supervising your son, especially at a time when he clearly required medical attention.
In the letter enclose copies of your son’s medical bills. Also enclose a letter from your employer verifying any amounts of time and money you lost when you had to take off from your work to take your son for medical attention, or while you remained at home while he recovered.
Also enclose copies of receipts for any prescription or over the counter medications you had to buy for your son.
Finally, add an amount you feel is fair for the pain and suffering your son, and not you, endured.
That total amount is normally about 3x the amount of your medical bills.
If the day care facility ignores your letter, or fails to agree to compensate you in an amount you believe to be fair, you can either sue them in Small Clams Court or seek legal counsel. In the State of South Carolina the maximum amount, or “jurisdictional” limit a person can sue for in Small Claims Curt is $7,500 dollars.
Learn more here: Daycare Liability for Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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