I dropped my child of and picked her up from daycare. Once I got to mom's house and fed my baby she turned to play with her toys. I noticed a large lump sticking out the back of her head. I told my mom she says we need to take her to ER but first call the daycare back and we took pictures. The daycare care director asked can we bring the child back in for her take a look at it. She asked is my baby head shaped that way. I said no that's a lump! Then she showed where my baby sleeps and another child and kept talking in circles. The lady that cares for my child specifically said nothing at all. They pretended nothing happened there. I said well I'm taking her straight to We from here. The scan came back skull fracture. The police report stated my story and also a doctor statement to include Dr F says that due to the nature of the injury and swelling that it likely occurred at the daycare. They have no cameras. It's basically their word against mine.
I suggest you speak with a local attorney regarding the situation. You can sue. If you have significant injury, then you definitely need to seek specific advice. You cannot ignore what could be a long term injury. The fact that there were no cameras is not an impediment against you. You should also be careful regarding any suspicions by the hospital. If there is any question, they have a duty to report the injury. You may want to speak with an attorney before you answer any questions by DHR. They would be present in a governmental role. Any information they obtain is intended to be used as evidence, which could include evidence to be used against you. Be careful. I wish you the best.
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You can absolutely sue the daycare, and you should strongly consider speaking with an attorney about that. Skull fractures and brain injuries are serious matters.
I wouldn't at all consider the camera issue something to prevent you from talking to an attorney. I don't think it's uncommon for a daycare facility to be without surveillance cameras. There are a number of ways to prove what happened without video evidence. An attorney will help you determine if it's possible, and how to do it. The day care is likely required to have insurance in order to maintain a license, and it's going to be the insurance adjuster that decides whether to pay on your claim, not whoever you spoke with at the day care.
When there is a minor involved in a personal injury claim, a court appointed attorney known as a GAL often is involved. If your child recovers any money from the lawsuit, the settlement is typically reviewed by a GAL, and the Court has to sign off on it. The money is then typically held by the Court on behalf of the minor until they reach the age of majority, which is 19 in Alabama.
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