South Carolina Daycare Sued for Wrongful Death
Rock Hill, SC Lawyer
The parents of a deceased 2-year-old boy have filed a wrongful death lawsuit against a daycare provider in Greenwood, South Carolina, alleging that the facility was negligent in caring for their child. The toddler passed away due to hemolytic uremic syndrome, a condition that resulted from an E. Coli infection. The state health department confirmed that there were seven cases of E.Coli at the daycare, The Learning Vine, LLC, and the facility decided to voluntarily close to cooperate with the investigation.
Negligence in Handling Illness
The lawsuit against The Learning Vine alleges that the daycare was negligent in responding to the first confirmed infection of E. Coli in the school — a preschool teacher. The teacher apparently returned to work at the center prematurely, and that several of the children began showing signs of infection shortly thereafter, including the deceased toddler. The suit states that the deceased child experienced recurring diarrhea for a couple of weeks. His parents brought him to the doctor initially when his condition showed no signs of improvement, but was sent home without treatment. They later took him to the emergency room, and four days after he was admitted, he was put on dialysis and a ventilator and eventually died.
According to the lawsuit, the school failed to notify the health department regarding the sick teacher until after the children showed infection symptoms and failed to inform parents regarding the teacher’s illness. The suit alleges that The Learning Vine failed to follow health guidelines and did not adequately disclose knowledge of the outbreak. The school’s negligence and lack of care, according to the suit, caused the child’s death.
The South Carolina health department conducted an on-site review of the facility and issued citations for twelve violations.The daycare apparently has a C rating in the state’s voluntary rating and improvement program, which meant that the facility met basic requirements, but garnered the lowest possible passing score.
Proving a Wrongful Death Lawsuit
Wrongful death suits are frequently brought by immediate family members on behalf of a deceased individual who died because of negligent or reckless conduct by another. These suits may be brought by a victim’s spouse, children, parents, grandchildren, or siblings. In cases where the deceased is a child, wrongful death suits are usually brought to recover for intangible damages that the parents suffered. These may include lost love and companionship, mental shock and suffering, and wounded feelings, grief and sorrow.
Additionally, punitive damages may be sought. These are not awarded to provide compensation to the family or estate, but are intended to punish the negligent party for the deliberate or reckless conduct that caused the death. In South Carolina, wrongful death suits must be filed within three years of the individual’s death.
If you believe that your loved one died because of another’s negligent or reckless actions, then you may be entitled to compensation. Bringing a wrongful death lawsuit is a complex process, and you should avail yourself of seasoned representation. The attorneys at Bice Law, LLC can help you bring a wrongful death suit and effectively advocate for your interests. Contact us today for a free initial consultation.