If my son swallowed a quarter at daycare and it has now been stuck in his stomach for more that 10 days, can I sue for negligence?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son swallowed a quarter at daycare and it has now been stuck in his stomach for more that 10 days, can I sue for negligence?
I keep having to go back to the hospital and they say they may have to put him to sleep to get it out.
Asked on June 10, 2014 under Personal Injury, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The question is: was anyone negligent, or *unreasonably* careless? They may not have been. Perfect, 100% care is not required by the law, since that is not reasonable or practical; all that is required is "reasonable" care. So if the daycare teachers/workers left the children unsupervised for an extended period and that's how your son was able to swallow the quarter, that may have been negligent; but if they were paying as much/close attention as day care personnel typically are expected to pay, and it's just that despite that, your son found and swallowed a quarter (which can take only seconds), they would most likely not be negligent. And even if they were negligent, if the only harm your sone suffers is having to undergo anesthesia and a minor procedure, all you could likely recover in a lawsuit would be the unreimbursed by insurance or out of pocket cost of the medical care, which may not be enough to support or justify the cost of a lawsuit.
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.