Legal Question in Personal Injury in Maine

Thank you for your inquiry. I am sorry that your daughter and you have gone through this. The answer is not as simple as you would like. While you may have a case against the daycare provider for failing to get appropriate medical treatment, the only possible damages for that claim would be 3 hours of pain, which your daughter may have experienced anyway, regardless of prompt treatment. Only medical experts could help on that issue, and it would be too expensive to look at that issue compared to the value of damages. The better question is: How did she fracture her collar bone? She recalled a "pop" when she fell, then another "pop" when the daycare staff attempted to put her shoulder back in place. Did your daughter fracture it when she fell? Did the staff aggravate/worsen the fracture? It may or may not be a successful claim in terms of the money gained for her damages. Another couple of questions to ask: Is the amount of supervision of the children adequate? Is the slide of an unsafe/defective design? If I were you, I'd look at the supervision piece, and find out how many kids were on the slide at the time, were any adults there, what were the kids doing, and how did your daughter actually fall off the slide??? Hopefully, she will heal well. The best solution may be to move your child to a different daycare.