Legal Question in Personal Injury in Illinois

Injured at School

While playing in the after school daycare program (at school), a child climbed onto my daughters back causing both girls to fall. When my daughter began to cry, the other child went to the tell the program supervisor (a teacher aide). The aide's response was ''Tell her to go to the nurse.'' My daughter went to the nurse, was told that it was fine and that it would be sore for a couple of days. This happened on a Friday, she went with her father for the weekend. I didn't know about the injury until Sunday evening. Her hand was swollen and bruised, two fingers were ''crooked''. On Wednesday, after not seeing any improvement, I called the school nurse to have her reexamine the hand. She said that with the bruising she should have an xray. I took her immediately and was told that she had two fractured fingers (growth plate fractures). I then took her to an orthopedic specialist where she was fitted for a splint. My question is, was the school negligent? First, someone should have told the girls not to be trying to carry each other, second, I don't know what the school policy is regarding response to injury, but I can't see that could have been followed unless they absolutely don't have one! No accident report was filed.

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