Legal Question in Personal Injury in Indiana

Personal Injury

Over the summer of 2007 our newborn was mistakenly given a bottle of breast milk from another mother. The child care agency assumed responsibility and agreed to pay us $750 but we never received anything. Do I have any sort of personal injury claim in this matter? Could my child be diagnosed with a disease related to this incident some day?


Asked on 1/30/09, 12:07 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Re: Personal Injury

I think you're asking the wrong people. If your pediatrician says your child has become ill or has a risk of illness in the future, then come back and ask this question again. There is no automatic claim against the child care provider simply because this happened, any more than if a restaurant gives you coke when you order pepsi. It is the existence of harm that creates a personal injury claim, not just the existence of a mistake.

I hope all goes well for your child.

Read more
Answered on 1/30/09, 2:28 pm

Re: Personal Injury

You have not provided enough details to determine whether there is a cause of action. Your best bet would be to ask your pediatrician about the risks, if any, of future problems, not so much for purposes of a lawsuit, but for peace of mind.

Read more
Answered on 1/30/09, 9:53 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Indiana