my toddler was hurt badly while in care, how do i sue the agency when no "criminal" act happened?
the police wont do anything or help me in any direction, just needing advie on who i should talk to about this
Candyse my deepest sympathy to you. I do understand where you are coming from as I had my son in daycare and got a call, telling me once that he had fell out in the play area. When I came to get him, I saw a huge bump in the back of his head the size of a grape (good size), they told me they only applied ice pack and I also followed up with my doctor. The doctor confirmed all was well and I left it at that.
However if your child was hurt badly while in care,
here are some steps to take.
1. Did you sign an acknowledgment of the incident? This states that you are aware of how the incident happened.
(Then you can also ask for a copy)
2. The next step is to prove negligence in this case which caused your child getting hurt - this is where a little detective work comes in;
- ask questions of several care providers.
- get some feedback as to child ratio per childcare provider.
- ask the particular childcare provider to give an account leading up to the event, yes it was documented but what lead to the event, there might be clues of negligence there.
- you filed a police report against the agency. Get a copy.
3. Did you take your child to the hospital? Get a copy of attending doctor's notes.
If the police won't help you, get your local Social Service Agent involve. The social services is not just to take away children from abuse situation - so don't be scared, they are also there to investigate these Daycare Services. Having all your evidence go into a local office and talk with someone and they can tell you further. It that does not work in your area, hire the best lawyer possible.
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