P.R. asks from Hopatcong, NJ on August 02, 2009
Broken Arm at Daycare
My 22 month daughter recently fell and broke her arm while at daycare. I found out she has a lateral condyle fracture, which I believe means she broke her elbow. She is now in a cast for several weeks. Doctor said that if her arm heals improperly or gets worse, surgery may be needed. I have since pulled my daughter from her daycare, and she stays home with my mom during the day. Has anyone experienced any other serious injuries while at a daycare facility? Did your child return once healed? I am wondering whether to bring her back while in her cast. (She's not allowed to get her cast wet, and I'm afraid she'll get jealous of the other children playing out on the jungle gym, or getting wet during 'splash days'). Did your daycare pay for any of the medical bills? Did you seek legal ramifications? My daycare has a policy of tuition being paid despite of any absences/vacations. Thanks in advance for any advice!!
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More Answers
L.D. answers from New York on August 03, 2009
Hi P.,
I'm not sure about having the daycare pick up the medical expenses but they should give you a break on the tution since this did happen in their care they should be responsible for her not being able to attend while she heals. I would talk to the director and also I would read you contract that you signed to make sure there is nothing in there that would tell you that if your child is injured and out of a long period of time. Some daycares have done that were if you child is hurt and out for a long period of time your expected to pay to hold their place. I would talk them.
L.
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D.S. answers from New York on August 03, 2009
Hi P.,
First I would like to say sorry for your little one breaking her arm. I own a childcare center and fortunately no one has broken their arm at my center, but I have had children attend school who have broken arms. I have one little boy now 20 months who broke his foot at a park and has a cast. It is a challenge because he has to crawl. I had a very long conversation with him mom about the danger of someone injuring him further by hitting into his foot or possibly tripping over him crawling. She signed a paper stating along with a doctors not saying that he can attend daycare so I have allowed him to remain in school. As far as a broken arm and staying dry they make a special plastic cover for showers and baths to put over it so the children bring them in when we do water play and it works out fine. All childcare centers are required to have insurance so I would speak with your director and have them submit any cost that has not be reimbursed by your insurance. I believe you would use your insurance first. I also have a tuition paid despite absence policy which most centers have. In this case since the accident did happen while in their care I would think they would step up to the plate and not charge you in her absence. I would speak with the director and state your case, read your contract. It may just say doesn't release payment for vacation or sickness. This is a different story due to injury. As far as legal ramifications did they give you and accident report signed by teacher in charge and director with a complete description of how the accident happened? Also, are you sure they were within their student to teacher ratio to insure all children adequate care. I am in NJ so for your child's age it should be one teacher for every 6 students if you are in NY I am not sure what theirs is. If they have followed all of the rules stated by licensing then I do not think any legal charges can be brought against them. This really is a matter of doing the right thing on their part. In my opinion I think they should be giving some type of compensation for your daughters pain and the inconvenience due to the nature of absence. I don't think a free month of childcare or at least releasing you of current payment is to much to ask. Good luck!!
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D.D. answers from New York on August 04, 2009
Accidents happen and your daughter could have just as easily fallen at home or at the park. I wouldn't sue to daycare for a simple accident. My daughter was playing at a neighbor's house and fell off a 2' high box breaking her elbow. Could have done the same thing at home. Sue my neighbor? No way.
Submit your medical bills to your daycare provider's insurance and let them know that her injury could require additional medical procedures. If your daughter isn't in pain and you are sure that she wasn't injured by anything the daycare did then yes send her back to daycare so she can play with her friends and get back into her routine. The less of a big deal you make out of it the better she'll be.
When my daughter broke her arm it broke into the growth plate so her pediatrician had to keep an eye on it at every check up to make sure both arms were growing at the same rate. I think they did an xray for the first year or two just to make sure. Everything was fine and she didn't require any further surgery.
Hugs to your family. I'm sure it's been hard to deal with this type of an injury expecially at daycare. Just remember it could have happened anywhere.
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D. answers from New York on August 03, 2009
First, is the fracture displaced (bones are out of alignment) or non displaced (bones are in their correct places just apart)? If their displaced it's much more serious. Second, is it through the growth plate? Again if yes, it could effect how her arm grows. I would make sure that the day care pays for all bills. She was in their care. And if she needs surgery or any therapy, those bills will rack up quick. My daughter broke her arm at 16 mos. She was in a cast from her shoulder to her wrist. We where very luck it was non-displaced and not through the growth plate. But those are questions that you need answered. I would consult a lawyer. Many do consultations for free or very little money.
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P.M. answers from New York on August 03, 2009
So sorry to hear this news. This happened to one of the kids in my son's class a few months ago. All the kids were 3, and the child broke his leg on the slide. It was horrible, and he was in cast from thigh down. He didn't attend school during this time, although his mom brought him from time to time to visit with the class and she stayed as well, but she also has other children attending the same school. He returned to school once he was out of the cast and all healed. I'm not sure about the medical bills, and who paid for what. However I do know that the school did not charge her for the months he was out. I think it's just the right thing to do in your case. I would say have a conversation with the director, and hopefully they will offer this option on theur own. Good luck to you.
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A.H. answers from New York on August 03, 2009
They are insured.. and it did happen there.. so submit the bills to them. Tell them in the future she may need surgery and if so... they will be responsible. My son broke his arm at kindergarten... he fell off the jungle jim.. - he actually came home, told me it hurt.. and I could see it didn't look right.. he never told the teacher.. he was afraid to tell her.. My insurance covered it all but the school said they would pay if need be.. He of course went back.. because he fell off something.. it wasn't like he was pushed of they weren't watching him.. he was hanging on .. and let go.. and fell. things happen. How did it happen to your child?? she or he is a lot younger and they should have been watching them closer... I could see a bump or bruise.. but a broken elbow is more serious.. did they call you .. did they explain what happened?? are you happy with what they told you? as for you paying when she is out.. that's crazy since she is out due to them... not just out cause she has a cold.. Make sure you document everything.. and maybe you might need a lawyer because in the future she may need surgery??? Call the daycare and talk to them about everything.. good luck.. children are the most precious gift we have..
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