Legal Question in Civil Litigation in Massachusetts
About a month ago, my 28 month old son got febrile seisure attack right after being picked up by his mom at around 5PM. When he arrived at the local emergency room, it was found that he had 104 F fever, which the doctor explained to be the reason of the seisure. He was very normal when he was dropped off in the morning by the way.
Now I need to pay almost 2000$ for emergency ambulance usage and emergency room stay (around 3 hrs).
I really don't understand that the people at the daycare were not able to notice that high-fevered kid all day long at all.
He no longer goes to the daycare anymore, but I am still very frustrated to pay the cost of the consequence that I believe totally preventable if they did their job properly.
I'd like to know if I can do anything for this situation.
2 Answers from Attorneys
You may indeed have a case against that particular daycare for something called "negligence." That is, if they should have seen your son's symptoms, and contacted you earlier, you may be able to bring a case against them for the costs associated with his injuries.
However, there are a lot of hurdles associated with this prospect, including proving (not simply presuming) that your son's injuries were obvious to the daycare providers, and that they were, indeed, preventable.
I essentially agree with Attorney Jacobson. As I read what you've written, it seems to be based on an assumption about what the day care providers must have seen, rather than any actual report from an eyewitness that your son was obviously sick and that the day care providers failed, refused or neglected to take care of this obvious situation. That's a big difference, in terms of your ability to mount a successful case against the day care facility.
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