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?

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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 7 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.


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