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Old 01-05-2017, 01:18 PM
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Default Injury At Daycare - Thoughts On This?

I am not affiliated with this daycare or person. I came across it via facebook and was wondering your thoughts on this. Should the DC have called the parents or did they handle it properly? Do you think the DC should reimburse the parents for medical bills? Do you think if the DC would have called the mom when the fall happened, mom would be perusing financial reimbursement?

"Today was a good day, we got (child's name) some justice!
This is a PSA regarding (DC name) Learning Center in (city).
I enrolled my 14 month son on November 2nd, his dad and I dropped him off together getting the feel of the facility, one of the co-directors gave us a second little tour and I prepaid my three days for that week, filled out an emergency card, I told the teacher in his room (12-24 mo) that he was a tad unsteady on his feet still and I prefer him drink milk instead of juice at lunch, I tried to get him acclimated for a minute and kissed him bye at 9:30.
At 5:30, I went to pick him up, the director greeted me, I introduced myself since he was not their earlier and told me to go get him from his room and come back. My son was crying when I walked in and his entire left face from his eye down, was black and blue. I rushed over and the teacher nonchalant explained that he tripped over himself and fell into a chair, she had a incident report stating what happened and that it was at 11:30am! I asked if it happened before nap why was I not contacted?! It must've been a rhetorical question or I was already in rage and didn't hear her response. Either way I stormed out with my son and the director, Mr XXX, acknowledged me at the door saying that this was not how he likes to see the first day go. I asked why I wasn't notified!! All he could say was "I'm sorry, you should've been called."
We went to the pediatrician the next morning, they immediately ordered an X-ray.. half an inch to the left and it would've been his eye. Any harder and his face or eye socket could've been fractured.
This was not a argument that injuries do not happen at daycare. This is the fact that it was not their decision to make if this injury needed medical attention. Which it did. This was also not "just a bruise". It was a bone bruise which resulted in a black eye for weeks, a blood clot on his face for weeks and him literally crying in discomfort from laying on that side. They state it was not an injury that required emergency medical attention and if I wanted a call regarding bruise injuries I should have stated on the intake form.
I filed a complaint with the department of health services as well as a small civil court dispute for them to pay the doctors visits / X-rays and my time off work. We were successful in winning all of our endeavors for justice.
I URGE YOU NOT TO TAKE YOUR CHILDREN TO
(DC name) LEARNING CENTER ON (street) AND (street).
They do not have your child's best interest nor a sound emergency medical procedure. Please Share!"



*FB post with photos were public therefore I did not blur the child's face out.
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  #2  
Old 01-05-2017, 01:33 PM
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I think the parents should've been called when it happened. It sounds (from the mom's comments below) that she was not angry that an injury happened but that they didn't call her to tell her about it.

I would be pissed. That's a nasty bruise. Poor baby
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Old 01-05-2017, 01:36 PM
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Should the DC have called the parents or did they handle it properly?

Yes. Daycare should have called parent immediately. Allowed parent to make the decision to pick up immediately or wait until normal pick up time.


Do you think the DC should reimburse the parents for medical bills?

Absolutely! This is why we have liability insurance.


Do you think if the DC would have called the mom when the fall happened, mom would be perusing financial reimbursement?

Hard to say. I've been in that mom's shoes.

Some parents just want daycare's and/or schools to do right by them/the child and some are just looking for a reason to get a payout...


From the photos though I highly doubt this was caused my a simple fall....
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Old 01-05-2017, 01:49 PM
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I am a parent who has dealt with an injury due to negligence at a daycare center in the past. I also have a child this exact age (14 months) who is unsteady on his feet and falls frequently.


In my opinion, this parent is over-reacting. I agree that the daycare should have called the parent immediately when the injury occurred. There is not enough information to know whether this is an injury due to neglect/abuse. I always assume accident, unless I am given a reason to believe otherwise.


That said, from what I understand, legally a daycare provider can be held monetarily responsible for injuries that occur at their facility whether it was due to negligence or simply an accident/such as this. To take it to court and sue for time lost at work? That's absurd. I don't think I would have gone as far as a doctors visit/x-rays for a little black eye. In my experience a broken eye socket or something more serious would have bruised much more quickly than the photos show.


It sucks for the daycare facility to have their name ruined this way. Especially by a new parent who doesn't seem like they gave them a chance to make it right...
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Old 01-05-2017, 01:52 PM
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Quote:
Originally Posted by Blackcat31 View Post
Should the DC have called the parents or did they handle it properly?

Yes. Daycare should have called parent immediately. Allowed parent to make the decision to pick up immediately or wait until normal pick up time.


Do you think the DC should reimburse the parents for medical bills?

Absolutely! This is why we have liability insurance.


Do you think if the DC would have called the mom when the fall happened, mom would be perusing financial reimbursement?

Hard to say. I've been in that mom's shoes.

Some parents just want daycare's and/or schools to do right by them/the child and some are just looking for a reason to get a payout...


From the photos though I highly doubt this was caused my a simple fall....
I had a similar thought. I read though the comments and a few posters responded the same way. Mom said she questioned it as being a simple fall and made a police report but the police "didn't find any abuse so they didn't want to do anything."

I also want to add that in the comments mom stated this was the second facility she moved her son to because he got injuries at the first facility as well.
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Old 01-05-2017, 02:12 PM
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** Just want to say, I got a closer look at the photos and they look worse then they did when I initially typed my response!
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Old 01-05-2017, 02:39 PM
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Falls are rough. DS hit his head hard when he was 3, gushed blood and needed stitches. He has a scar on his forehead. His preschool teacher contacted me immediately. He hit the corner of a book shelf just right.

I would say that it is possible that is from a fall, and bruises get way worse the longer they sit.

I'm withholding judgment. I have no clue how that looked when it happened. As the day wore on, she should have been called.
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Old 01-05-2017, 02:44 PM
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Yes, I think the center should have called and let the parent make the choice to get medical attention.
Because:
Yes, the injury looks more severe than a simple fall from a 14 month old's standing height!

However, I'm torn on whether the center is responsible for medical bills. If it happened the way they said it did, then no. If they lied and were negligent in their duties, then yes.
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Old 01-05-2017, 02:45 PM
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Also am I horrible for cringing because I just realized child is either in a forward facing or improperly used carseat. =(
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Old 01-05-2017, 03:28 PM
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"he tripped over himself and fell into a chair"

An adult glider chair? Was it in motion?

IMHO, A phone call and quick photo would have pretty easy to accommodate. Sometimes it can be hard to tell with soft tissue injuries. As the day went on, it would have been pretty obvious. Some directors won't let "teachers" make that decision, though. Tough case.
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Old 01-05-2017, 04:51 PM
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Quote:
Originally Posted by happymom View Post
Also am I horrible for cringing because I just realized child is either in a forward facing or improperly used carseat. =(
I had the very same thought!

Quote:
Originally Posted by Snowmom View Post
Yes, I think the center should have called and let the parent make the choice to get medical attention.
Because:
Yes, the injury looks more severe than a simple fall from a 14 month old's standing height!

However, I'm torn on whether the center is responsible for medical bills. If it happened the way they said it did, then no. If they lied and were negligent in their duties, then yes.
If what the center says happened then I don't feel they are responsible for medical bills. If this were an issue of abuse of negligence then I do feel the center is responsible for medical bills. I have a feeling what happened was the child fell and was immediately red and/or slightly bruised so the teacher thought it would be no big deal. As the day went on the bruise got much worse. I think given that the injury happened on the head/face the mom should have been notified when it happened. Even if it did not immediately look bad. I am wondering if the same teacher was present during the incident and pick up time.

Blackcat, since you mentioned thinking the center should be responsible for medical bills, I am curious what your thoughts are on this: if this was an accident, the center is being truthful, there was no neglect or abuse why do you feel the center is responsible for medical bills? I kind of view it like an illness (provided the center is being truthful). If one child in the room catches the flu, then another child in the same room has similar symptoms, mom misses work for a doc appointment and has to have blood work done to confirm/deny the flu - would the center be responsible for those medical bills? In the situation of an illness I can't imagine a center being responsible for medical bills. What makes this fall any different?
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Old 01-05-2017, 06:05 PM
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Quote:
Originally Posted by Baby Beluga View Post
Blackcat, since you mentioned thinking the center should be responsible for medical bills, I am curious what your thoughts are on this: if this was an accident, the center is being truthful, there was no neglect or abuse why do you feel the center is responsible for medical bills? I kind of view it like an illness (provided the center is being truthful). If one child in the room catches the flu, then another child in the same room has similar symptoms, mom misses work for a doc appointment and has to have blood work done to confirm/deny the flu - would the center be responsible for those medical bills? In the situation of an illness I can't imagine a center being responsible for medical bills. What makes this fall any different?
Because the center failed to give the parent an option.

Had they called the parent and the parent made the choice to go to ER/Dr that's on them.

The center failed to perform their due diligence in notifying the parent, I feel they forced the parent's hand and are responsible for the medical costs.

ESPECIALLY if it's a wriiten policy of theirs that they failed to follow. I have little sympathy for providers/centers that have policies they don't follow.
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Old 01-05-2017, 07:48 PM
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Quote:
Originally Posted by Baby Beluga View Post
I had the very same thought!



If what the center says happened then I don't feel they are responsible for medical bills. If this were an issue of abuse of negligence then I do feel the center is responsible for medical bills. I have a feeling what happened was the child fell and was immediately red and/or slightly bruised so the teacher thought it would be no big deal. As the day went on the bruise got much worse. I think given that the injury happened on the head/face the mom should have been notified when it happened. Even if it did not immediately look bad. I am wondering if the same teacher was present during the incident and pick up time.

Blackcat, since you mentioned thinking the center should be responsible for medical bills, I am curious what your thoughts are on this: if this was an accident, the center is being truthful, there was no neglect or abuse why do you feel the center is responsible for medical bills? I kind of view it like an illness (provided the center is being truthful). If one child in the room catches the flu, then another child in the same room has similar symptoms, mom misses work for a doc appointment and has to have blood work done to confirm/deny the flu - would the center be responsible for those medical bills? In the situation of an illness I can't imagine a center being responsible for medical bills. What makes this fall any different?
I agree! I know my own kids have had injuries at school & with school sports. They were accidents & in one case my child needed stitches. The center was negligent in not giving parent notice but I still believe the parent should be responsible for medical bills.
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Old 01-05-2017, 07:57 PM
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Quote:
Originally Posted by Blackcat31 View Post
Because the center failed to give the parent an option.

Had they called the parent and the parent made the choice to go to ER/Dr that's on them.

The center failed to perform their due diligence in notifying the parent, I feel they forced the parent's hand and are responsible for the medical costs.

ESPECIALLY if it's a wriiten policy of theirs that they failed to follow. I have little sympathy for providers/centers that have policies they don't follow.
I can see where this makes sense. I wonder if this was the courts thoughts as well.
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Old 01-05-2017, 07:58 PM
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Quote:
Originally Posted by Blackcat31 View Post
Because the center failed to give the parent an option.

Had they called the parent and the parent made the choice to go to ER/Dr that's on them.

The center failed to perform their due diligence in notifying the parent, I feel they forced the parent's hand and are responsible for the medical costs.

ESPECIALLY if it's a wriiten policy of theirs that they failed to follow. I have little sympathy for providers/centers that have policies they don't follow.
I agree... the center failed to notify the parents (something I am anal about being that I work with tiny babies); accidents happen, but I always text/call parents and send pics when a child gets an injury. The parents should make the final call and weren't given the option of medical care until much later.
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Old 01-05-2017, 10:53 PM
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I agree... the center failed to notify the parents (something I am anal about being that I work with tiny babies); accidents happen, but I always text/call parents and send pics when a child gets an injury. The parents should make the final call and weren't given the option of medical care until much later.
I agree with this. Last year, one of my toddlers was walking right next to me and tripped. She hit the corner of the wooden Lakeshore kitchen on the way to the floor. The injury looked horrific. Her forehead swelled instantly and she ended up with a nasty black eye. But . . . I was on the phone with her parents as I was tending to her. No way would I let a head wound go until pick up. Head wounds always look bad. It's never a good idea to surprise a parent with it at pick up.
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Old 01-06-2017, 03:31 AM
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The center should have called them for crying out loud. That's a no brainer. I would notify the parents if the kid developed a mm size pimple on it's butt on my watch.

My take away from this is something we have discussed before. Once a child has an injury or accident at your house the parents can charge up as much health care as they want and it may be on your dime.

http://daycare.com/forum/showthread....highlight=mayo

I appear at number eight post. This is from about seven years ago. The whole thread is worth a read.
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Old 01-06-2017, 09:47 AM
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In the eyes of the law, the daycare would be responsible for the medical bills whether they were negligent or not. Because it happened in their care, they are liable for the bills. This is why all liability policies should also include accident medical insurance, which will pay all medical bills regardless of fault.

Proper documentation and communication are some of the most important steps in preventing lawsuits. Had this been reported to the mother immediately and reported to their accident medical insurance, the mother wouldn't have been out of pocket for the medical expenses. It's very likely that she wouldn't have sued in that case. Many times, once the parents know right away that their bills are covered, they don't think about pursuing a lawsuit.
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Old 01-06-2017, 10:10 AM
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Parents should have been notified immediately. ANY fall that leaves a mark on one of 'my' children gets an immediate notification via text and/or brightwheel. No 'pick up surprises' here. (bumps, scrapes, etc)

It looks like a fairly moderate injury, but enough that I would have made an immediate phone call to the parents and asked them if they would like to get the child seen by a medical professional.

Yes, the center is liable for medical bills. Accidental or negligence debate aside, the child was in their care.

I feel that the mother probably over reacted with the civil suit. Perhaps the center was completely refusing to pay medical bills, or required her to pay two weeks notice, or something else to prompt the reason for financial backlash.

Also- fall FROM a chair? ONTO a chair? what on earth did the child hit his face on?
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