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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My handicapped child was under the care of ARC of Ventura County

Customer Question

My handicapped child was under the care of ARC of Ventura County Ca. An act of extreme negligence occurred, I removed her from the program immediatly. I have no other care for her, and so I had to withdraw from college. I was a full time student. What can I do ? Can I sue ARC ? Would I / could I be awarded monetary compinsation for the loss of an oppertunity to get an education ? Thereby an oppurtunity to b gainfully employed (eventually) I was 70% completed toward graduation.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. I am sorry to hear of this situation. I will discuss this and provide you information in this regard.Can you tell me a little about what happened? Thanks
Customer: replied 1 year ago.
Hi, thank you. So my H daughter is 23 she had been in the Arc program since July of last year. There have been numerous negligence issues, that I chocked up to them getting to know her. All documented. I decided with the first incident to keep a journal. My daughter is non verbal, so Ive alaws had to b a hypervigilant (single) mom. There have been 15 to 17 different incidents. This last one was on Monday, April 11,16. My daughters diagnosis is ANGLEMANS SYNDROME, and has many secondary conditions, one of which is that she is unpotty trainable. She wears axn xtra large adult diaper. I went to Arc facility to pik her up, talked with staff for a moment or two, then took my kid home. Atvhome I brought her to the toilet, Im always continually trying to potty train her, and discovered that she had no diaper on. No underwear. Nothing protecting her privete parts from harsh deniem jeans she was wearing. I emailed her case manager. I got no response. The next morning, still no response. I emailed him again, removing my child from the Arc program. I then had to withdraw from all of my classes, mid semester. 2 hrs later I recieved a phone call from a Mngr. At Arc, apologizing, agreeing with me that it was negligence but offerred no explination. I am distraught over this. I did not sleep last night. This morning I called this mngr. Back and ssked her again to explain what happened. Her response is what prompted my communication with you. She said, the staff was extremly distracted. That they had taken her diaper off to change her. That she had been stubborn, didnt co operate. So they did not put a diaper on her for the rest of the day, because they forgot about her. They did not inform me when I piked her up because they forgot about her ! This is extreme negligence, isnt it ? Ty I appreciate your help in this matter. Beth
Expert:  Samuel II replied 1 year ago.
Thank you, ***** ***** sorry to hear of this matter. It is negligent, yes. However, to sue you need to show "damages" and that would mean that your daughter was injured by this negligence in some way. Now, I am not trying to downplay this at all, but there has to be evidence of "injury" whether it is physical or emotional. You can sue. You would not be able to sue for your losses of your school, etc. However, i suggest you will want to consider consulting with a local attorney and see if you can get the assistance you need to file the suit and have the attorney work with you on a contingency basis.
Expert:  Samuel II replied 1 year ago.
You can view this link to see what the Jury Instructions are for such a case and what needs to be proved to win and as you can see "harm" is an element.