Legal Question in Personal Injury in Wisconsin
Childcare Negligence
My daughter attends a childcare program that last September fed her a cereal bar that contains milk. Since she has a milk protein allergy and chronic asthma, she suffered an allergic reaction. The site is aware of her condition and we have provided them with an emergency treatment plan. Even with this information, they did not have her epipen or inhaler to treather. We met with the director, drafted a plan of action, and were assured this wouldn't happen again. Last week she was fed a muffin and had an allergic reaction. We are extremely frustrated! In talking with three staff members who are recent hires, I have been informed that none of them were told of the incident last year or how to handle working with our daughter. To make matters worse, the week before the muffin incident, I received a voicemail message from one of the staff members telling me that my daughter was having a mild asthama attack, but that we had not provided them with her inhaler. I had dropped it off at the beginning of the school year, but apparently no one told the teacher who called me where it was located, so my daughter was left untreated until I retrieved the call. No one ever called my cell phone. Is there any negligence in any of these incidents?
3 Answers from Attorneys
Re: Childcare Negligence
In my opinion, you could probably prove negligence on the part of the childcare program in the three instances you mentioned. Whether pursuing a case against the organization depends upon a number of factors. If your daughter was not seriously injured, the potential recovery might not be worth pursuing a case. Pursuing such a case would mean that you would have to find a new provider for your daughter. If you think that the potential recovery would warrant pursuing a case and finding a new childcare program, you should contact a lawyer who handles personal injury claims to discuss pursuing a case. The statute of limitations will not expire until your daughter's twentieth birthday.
Re: Childcare Negligence
The information which you provided would lead me to believe that the childcare program is negligent in their care of your daughter. The more difficult question is determining what damages you can prove as a result of their potential negligence. It is somewhat unclear as to whether this is a licensed day care facility or some other program. If it is a licensed daycare, the State of Wisconsin does regulate them and investigate claims of improper care, which you might consider filing. There are certain notice requirements that you must file if this was a municipally operated school, and the 120 day notice requirement may be applicable. I would suggest that you discuss the potential claim with an experienced personal injury attorney in order to fully discuss the facts, damages, and alternative options of pursuing this matter for you and your daughter.
Re: Childcare Negligence
Reviewing your story, it is apparent that the nursery is negligent in caring for your daughter. The ultimate question is this: assuming negligence, what are the damages. Damages may be difficult to proove, and a child suffering these attacks may be determined by a judge or jury to have a significant amount of damages or maybe very little. I think you would be best advised to meet with an attorney on an initial consult for free, and then decide if you want to proceed. Most law firms, including ours, provide such a consult for free. Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
