I was wondering if anyone can tell me what they think they would do in this situation as it is something I am currently faced with. My 4 mth old daughter died on 1/13/12 of SIDS while at daycare. Not only did the daycare provider admitedly put her on her stomach to sleep, the PA Public Department of Welfare cited the daycare for not following safe sleep standards, as well as having an unsafe sleep surface and leaving our daughter unsupervised, all of which are against PA state regulations. We have spent months trying to get money out of these people and have finally come to a resolution with the insurance policy as well as personal funds that they will be putting up. However, after thinking about it for a long time, we ultimately want to take them to court. We don't want this to be swept under the rug as they were truly negligent in caring for our daughter no matter how you view it.
I guess I was wondering what other parents would do in this case. This is not about money. It is about holding these people responsible for what they did. For the last 9 mths, we haven't received a single apology or acknowledgement from them for the mistakes they've made. We feel very stronly that we can not let this go since these people knowingly and willfully did these things to our daughter. I know that SIDS is a gray area but they were clearly negligent. Thank you so much for your advice.
If the main reason you are considering going to court is in order to get an apology or an acknowledgement of wrong, please keep in mind that the only reason you have not had one up to now is doubtless because their attorneys have told them not to speak with you, or to give any expression of sorrow or grief over the event, because it will play against them as admissions of guilt if you ever did go to court. Like many things in life that involve the law, the parties are instructed not to talk to each other. It goes against human nature, and sometimes even escalates things, but that is the way it goes -- one friendly or conciliatory comment made from one person to the other, and the attorney jumps on it and says "Aha! You are admitting you are guilty!" I am not saying they were not negligent, but am saying that is probably why you haven't heard that they have remorse.
If your goal is to shut them down, go to court and maybe you will accomplish this after a lot of further grief and dragging things out. If your goal is to bring public attention to this negligence, it might possibly work if the story catches the attention of the press, but if they are a small outfit (not associated with one of the big chains) the press might not find it broadly applicable and might not do a big story. If your goal is to make them apologize, there are simpler ways to get there besides court. If your goal is to make them suffer as you have suffered, I don't think going to court is ultimately going to make you feel vindicated, no matter what the outcome of the case. Unfortunately, the law and the courts do not ease emotional pain.
Again, I am so sorry to hear what happened. My greatest fear when my son was small was SIDS, and that was just me taking care of him at home.
The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. It is not intended to be and should not be interpreted as medical advice or a diagnosis of any health or fitness problem, condition or disease; or a recommendation for a specific test, doctor, care provider, procedure, treatment plan, product, or course of action. Med Help International, Inc. is not a medical or healthcare provider and your use of this Site does not create a doctor / patient relationship. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health providers posting on or otherwise referred to on this Site and/or any Third Party Site. Never disregard the medical advice of your physician or health professional, or delay in seeking such advice, because of something you read on this Site. We offer this Site AS IS and without any warranties. By using this Site you agree to the following Terms and Conditions. If you think you may have a medical emergency, call your physician or 911 immediately.