What are my rights if my 4 month old son was overdosed at his childcare center by 10 times the prescribed amount of a prescription decongestant?

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What are my rights if my 4 month old son was overdosed at his childcare center by 10 times the prescribed amount of a prescription decongestant?

Should I speak with a personal injury attorney? I’m in Benton, AR.

Asked on November 7, 2011 under Personal Injury, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your child was injured in any way, then you absolutely should consult with a personal injury attorney. If your child was not injured, but you suffered or injured some medical costs, lost wages (e.g. time away from work), etc., it may not be worth consulting with a lawyer--but you could still sue for those costs, representing yourself in court. And if, hopefully, you and your child did not suffer injury or significant costs, then you effectively cannot, or at least should not, sue.

The issue is, you can only sue for the actual injuries or financial losses incurred; therefore, there are times when there is clearly liability--i.e. someone is at fault, and would be legally obligated to pay--but there's no point in a lawsuit, since there are no damages you could recover.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your child was injured in any way, then you absolutely should consult with a personal injury attorney. If your child was not injured, but you suffered or injured some medical costs, lost wages (e.g. time away from work), etc., it may not be worth consulting with a lawyer--but you could still sue for those costs, representing yourself in court. And if, hopefully, you and your child did not suffer injury or significant costs, then you effectively cannot, or at least should not, sue.

The issue is, you can only sue for the actual injuries or financial losses incurred; therefore, there are times when there is clearly liability--i.e. someone is at fault, and would be legally obligated to pay--but there's no point in a lawsuit, since there are no damages you could recover.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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