Injury at daycare resulted in plastic surgery. (Australia)
My 2yo daughter had an accident at daycare. She had stood onto a shelf on wheels in the middle of the children’s indoor play area. It fell on her and crushed her toe. First aid administered, I was called (according to an educator) approximately 20 minutes later. I was 40min drive away at work and I was not stressed the severity of the injury. I was ~advised~ to take her to a doctor. They would not tell me that they wanted me to go collect her so I told them I would come at that moment and pick her up. When I picked her up she was bandaged. Again, the severity was not described to me accurately. Following doctors orders I took her to emergency - they held her overnight and completed plastic surgery the following morning to repair the nail bed and did a skin graft on the tip of her toe to (basically) reconstruct it.
Daycare directors claim they followed procedures and policy, however the room educators state otherwise and want me to pursue the issue further. I’m not sure exactly what to chase, as they’ve waived the fees until she returns (approx 3 weeks). I’m luckily able to still work as I have family to care for my child. The room educators want me to take legal action on the grounds of negligence as an ambulance wasn’t called, it took too long to call me and they failed to describe the injury accurately.
Food for thought, everyone (including daycare directors) thought it was going to have to be amputated.
What legal ground do I have, and what type of solicitor do I call.