Abigail’s Story – Day Care Injury

This shouldn’t happen to anyone’s child. Let alone a one-year-old left in a daycare. But as Martina scooped baby Abigail to go home, the little one began to cry, but the daycare staff said nothing about why, though they knew full well. Abigail started clinging to her mum like a koala. However, Martina didn’t think too much of it, as she was reassured by daycare staff that the tears must be down to the long day away from home.

The next morning Martina noticed that Abigail wasn’t moving one of her arms quite right. Having a closer look, she found a bruise that brought tears when lightly touched. Worried, Martina rushed to hospital — only to discover in horror that her little girl had broken her collarbone. What’s worse, the hospital began suspecting child abuse, so the family weren’t allowed to leave until they discovered what had happened.  

Martina immediately contacted the daycare to find out if something had happened the day before. And, after initially denying anything out of the ordinary, the daycare later revealed the truth.

Abigail had stood up in her cot at daycare, as babies do, and had dropped her bottle over the side. As she held on to the side, peering over the top to see where her bottle had gone, the side of the cot slid down and flipped Abigail out and onto the ground.

Martina and her husband David were furious upon hearing the news. They were angry that they had not been told immediately — with the incident occurring at 9:30 am, Abigail was forced to endure an entire day with a broken collarbone. Even worse, if it was young Abigail’s head that had hit the ground, the whole incident may have had an unthinkable ending.

Knowing that the daycare needed to be held to account. Martina contacted Robert Bryden immediately to find out how to take control. Right from the get-go, Robert was able to tell Martina exactly what she needed to say and gave her the advice she needed to take action moving forward.

Two years on, the case was settled out of court, with the money going into a trust for Abigail. Martina assures, however, pursuing a case was never about the money, she just wanted the daycare to be held responsible for their negligence.

As for other parents, Martina wanted to pass on an important message: “Always trust your instincts. The daycare told me that Abigail was crying because of the length of time she had been there that day. But I should have trusted my intuition. So if you think something is not right, always check straight away.”

If anything like this has happened to you, please contact Robert Bryden.