Parents who use day care services to help with their family responsibilities should be wary of the potential for negligence and abuse. As with any for-profit caretaking business, it is important to screen individual workers as well as the record of the day care facility. A Florida day care owner will face criminal charges after the death of a 16-month-old boy who suffered a catastrophic injury while under her care. A state attorney announced that he plans to charge the day care owner with aggravated child abuse, a criminal charge equivalent to second-degree murder.
According to reports, the 55-year-old defendant operated a day care center from her home in Pensacola. The 16-month old was brought to the hospital after he suffered from injuries consistent with violent shaking or “shaken baby syndrome.” The state attorney is continuing the investigation and plans to present the case to a grand jury to pursue a first-degree murder charge. Given the severity of the case and the level of abuse that resulted in the death of the infant, the case must be brought before a grand jury before murder charges can be filed. If convicted, the nursing home owner could face life in prison.
This is a tragic case of alleged child abuse and abuse by a day care facility that resulted in the severe and catastrophic injuries of the victim. According to statements made by the team of pediatric doctors who treated the infant, they had never seen so much trauma to a child with a head injury. The defendant told investigators that she was at home with the victim and two other four-year-olds. She alleges that one of the other children struck him with a wooden-block. The 55-year-old defendant said that she rocked the baby to sleep and placed him in the crib. When she went back to check on him, he had vomited in his sleep. When she went to clean up the vomit, he began to seizure. She called 911, then phoned the baby’s parents once the ambulance had left. She insists that she did not cause any harm to the child.
After caring for the baby, the Child Protection Team Medical Examiner said that the injuries were consistent with violent shaking, otherwise known as “Shaken Baby Syndrome.” The medical examiner also reported that the injuries did not occur before the child arrived at the day care center. The state attorney is requesting that the defendant continue to be held without bond. A fundraiser has also been established to help cover the costs of medical care and funeral expenses, as well as lost wages of the parents.
Any accident and wrongful death involving a child is tragic. In the event that your child was injured or suffered a fatal accident while under the care of a day care center, school, or other individual or organization, it is important to conduct an immediate investigation to identify those responsible. In addition to criminal charges, victims and families can pursue civil remedies to recover compensation for their losses. Our Fort Lauderdale child injury attorneys will take a strategic approach to protect your rights and work towards the best possible outcome in a child injury case.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights.
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