Hairline Fracture While At Daycare

[Starburst]

No consent form at the gym but my contract does state that I am not liable for injury wgike in my care at my house kn field trips or during travel. Plus it is a medicaid family.

That doesn't really help anything because when the parent's hand their kid off to you everyday, you become responsible for the safety and well being of the child. Like others said, it won't really hold up in court.

Also, do you run your business a sole proprietor and LLC? A sole proprietor is an default status of a business owner which means in the case of an accident that they can go after you, your husband/bf, and all your assets, even things not directly related to daycare (home, car, other income sources). In most cases, with an LLC, it limits what they can take to only your daycare business related assets.

some tips on LLCs for daycare/preschool: http://www.startapreschool.com/training/business.html

[Willow]

Just to clarify, the parents waiting to bring the child in until 12 hours later isn't unusual. Often times with hairline fractures it takes time for pain and swelling to become evident. Even then they can be misdiagnosed when xrays are first taken.

I too would have the other kids make a card but otherwise let them make the first move.

Definitely notify licensing per your states regs and in the meantime do your best not to anticipate the worst.

[cheerfuldom]

Yes, perhaps you did read it wrong. She doesn't sound cold hearted to me...

sorry folks. that is just how it was coming across to me. she seems confused or upset about why the parents would even care. like I said, it was just the way it came thru to me.

anyway, I agree with BC. Concerned and sympathetic while covering all your bases (and perhaps just avoiding the trampoline in the future!) would be the best way to go.

[cheerfuldom]

Once things settle down...maybe a nice craft from the daycare kids saying "Get Well" or "Feel better" would be a nice gesture. Also sending him a teddy bear.

When I have daycare kids out sick, we make a home video on my phone singing our "get well" song and send it to the parents. They always enjoy this and the kids enjoy watching them when they are sick and I hope it makes them feel special, loved and thought of. lovethis

thoughtful ideas!

[daycare]

I didnt get a chance to post about this earlier today.

I wanted to tell you this....

I used to also take my DCKs to a gymnastics studio. the first and only time we went we had a great time, but I could see right away that even with only 9 kids and 3 adults that for sure someone was eventually going to get hurt.

I could tell that the two gymnastics teachers that were there to teach the class were VERY irritated with me. I was very very uncomfortable with some of the stuff they wanted the kids to do, like have a 2 year old up on a very high balance beam twice their height, sometimes with no support.

I was very out loud about my concerns and stated, sorry, I don't think that's a good idea for that child to be on that. Then would often hear myself saying to the kids....Please wait until I can get there to help you with that, please get down from that.... it was not a fun trip for us...

After leaving, I went home and thought about it for a bit.. I thought well, the parents did sign a permission slip and liability from the gym, as well as paid the gym fees....However, because I am a licensed daycare provider, I am 100% responsible for these children when they are in my care. So if something happens to them while under my care, it does not matter where we are, I am responsible. I decided to call my licencor about it and expressed my concerns. She said that I was 100% correct, I am liable...

If I take the kids to the gymnastics studio, library, or etc no matter how they get hurt, I am still going to be liable. They will still come out to investigate the incident and I could risk a write up as well as getting sued by the parents.....

In the end, I decided no more gym. It was just way to risky. I know that the gym employees think that I am a mean cold provider, but they have no clue how much liability I was taking on by taking the kids there. My fault, not theirs, but I don't care that they don't understand my situation. I can't risk my business.

I am really sorry to hear that this happened. I am sure that parents were just upset at the time because their child was hurt and in pain. Of course you didnt mean for it to happen and that is why they are called accidents, but you just never know what a parent may do within their rights.

I hope that it all goes well with you regarding this situation. Perhaps you should reconsider taking the kids there anymore.......

[Jewels]

Just to clarify, the parents waiting to bring the child in until 12 hours later isn't unusual. Often times with hairline fractures it takes time for pain and swelling to become evident. Even then they can be misdiagnosed when xrays are first taken.

I too would have the other kids make a card but otherwise let them make the first move.

Definitely notify licensing per your states regs and in the meantime do your best not to anticipate the worst.

This is so true, my little boy who broke his legs, the parents took him in the next day, kids have a pretty good tolerance of pain, and he wasn't crying or super unhappy, just couldn't walk much on that leg, we just all thought it was hurt, never thought it could have broken going down the slide, they took him to 3 different places and finally an orthopedic specialist found the break, none of the other family doctors found it. again I was lucky my parents were not upset with me at all, my licensor never came out to visit me, I filed a report the parents had to fill out a report for them as well.

[nannyde]

You have gotten some very good advice in regards to documenting, etc.

For the future, PLEASE, PLEASE, PLEASE do not allow the children on the trampoline. ESPECIALLY a two year old. They are EXTREMELY dangerous and many, many injuries can occur while using them....including spine and neck injuries that could ultimately cause paralysis. I am REALLY surprised the parents allowed it.

Also, I STRONGLY advise you to get permission forms from every parent before EVER going off property again.

I agree.

[nannyde]

No consent form at the gym but my contract does state that I am not liable for injury wgike in my care at my house kn field trips or during travel. Plus it is a medicaid family.

All that consent does is say the PARENTS agree that you are not liable. The parents can't give consent for the INSURANCE company to say you are not liable or the STATE to say you are not liable.

The parents would be last on my list of concerns in this situation. I would be more worried about whoever pays for the medical care and my state.

Parents are just parents. Most are inexperienced and not able to knowingly give consent on something like this. They don't know what is developmentally appropriate or be able to forsee the complications that can come from their kid doing activities that are not within what they do day to day. They are usually very inexperienced with child care even when they are on their second and third kid.

Parents can't give permission for you to do the wrong thing. Having a two year old on a trampoline is the wrong thing.

Parents like to consent to their kid having a great time. They want them to do special especially when special is being done by someone else.

[Crystal]

Are there any updates to this OP? Curious as to how the parents are now "behaving".

[kelsey's kids]

The mom seems to calm down after a few harsh words said. I let her know that as the parent it was up to her to decide if she felt comfortable bring them back and to let me know. He is suppose ti be coming back this afternoon. To everyone that said we slshouldnt leave thebhouse without permission. Upon registration at my daycare every parent must sign a permission form. And they pay for the gymnastics so they all know what we do.

[Blackcat31]

The mom seems to calm down after a few harsh words said. I let her know that as the parent it was up to her to decide if she felt comfortable bring them back and to let me know. He is suppose ti be coming back this afternoon. To everyone that said we slshouldnt leave thebhouse without permission. Upon registration at my daycare every parent must sign a permission form. And they pay for the gymnastics so they all know what we do.

I am glad the mom is coming around.

It is hard when something like this happens.....kids do have accidents but when it happens on someone else's watch, parents are always upset about it.

I think that in the future you should definitely steer clear of the trampoline as it really isn't recommended for kids under 5 as way too many issues can happen, even while using it correctly.

Sometimes it is a wonderful thing that providers offer outside activities to the children they provide care for but at the same time, it also brings with it a liability on the provider's part to go above and beyond normal safety measures as we are caring for OTHER people's children.

Personally, if I were in your shoes, I would really rethink the gym outings and perhaps stick to activities that you have more control over. It is much easier to deal with normal childhood accidents and injuries when in your own home providing supervision on equipment that you have control over.

I sure hope you and this child's mother can make amends and move past this as it really was an accident and I know you feel badly for the child. Hopefully mom will realize that and you two will be able to continue having a good provider-parent relationship.

[daycarediva]

I didnt get a chance to post about this earlier today.

I wanted to tell you this....

I used to also take my DCKs to a gymnastics studio. the first and only time we went we had a great time, but I could see right away that even with only 9 kids and 3 adults that for sure someone was eventually going to get hurt.

I could tell that the two gymnastics teachers that were there to teach the class were VERY irritated with me. I was very very uncomfortable with some of the stuff they wanted the kids to do, like have a 2 year old up on a very high balance beam twice their height, sometimes with no support.

I was very out loud about my concerns and stated, sorry, I don't think that's a good idea for that child to be on that. Then would often hear myself saying to the kids....Please wait until I can get there to help you with that, please get down from that.... it was not a fun trip for us...

After leaving, I went home and thought about it for a bit.. I thought well, the parents did sign a permission slip and liability from the gym, as well as paid the gym fees....However, because I am a licensed daycare provider, I am 100% responsible for these children when they are in my care. So if something happens to them while under my care, it does not matter where we are, I am responsible. I decided to call my licencor about it and expressed my concerns. She said that I was 100% correct, I am liable...

If I take the kids to the gymnastics studio, library, or etc no matter how they get hurt, I am still going to be liable. They will still come out to investigate the incident and I could risk a write up as well as getting sued by the parents.....

In the end, I decided no more gym. It was just way to risky. I know that the gym employees think that I am a mean cold provider, but they have no clue how much liability I was taking on by taking the kids there. My fault, not theirs, but I don't care that they don't understand my situation. I can't risk my business.

I am really sorry to hear that this happened. I am sure that parents were just upset at the time because their child was hurt and in pain. Of course you didnt mean for it to happen and that is why they are called accidents, but you just never know what a parent may do within their rights.

I hope that it all goes well with you regarding this situation. Perhaps you should reconsider taking the kids there anymore.......

I 100% agree! I took my group to kids gym one day (it was not gymnastics, but they had tumbling mats and balance beams out) and spent the entire morning STRESSED OUT about them getting hurt.

I am careful with my own children when it comes to safety, but with SOMEONE ELSES CHILDREN? I am a safety FANATIC.

[tntsmom]

If it happened at the facility, you are still responsible, if they hired you to care for the children, you are ultimately in charge of the care. You will need to report it to the State since there was an injury, it must be done within 24 hrs of the incident and if you don't, you should carry childcare insurance, they can sue.

[Cradle2crayons]

I've been reading all the responses on this thread but I'm curious about a few things. It may vary from state to state is what got me thinking. Every year when I do my daughters school registration forms, I have to sign a form saying I wont hold the school or any staff etc liable for any injuries sustained at school or on the bus etc or during school off site activities etc. when she goes on field trips, I have to sign the same liability waivers. They all say, of course, providing the accident wasn't from neglect etc. the same forms I sign when I sign them up for sports etc. I'm sure the school and sports etc has insurance, but why the forms? I asked them one time, they said they are only liable if an injury occurs due to neglect on the staffs part. For instance, the bus picks her up and while she's walking up the steps in the bus, the driver hits the gas and she falls out. They are liable. Accident on the playground with the correct number of adults supervising and equipment was in good repair, not liable.

I wonder if other states are like this too??? Just a thought. In the above bus accident, their insurance will pay. Playground injury, my insurance has to pay for that broken arm.

So I'm wondering is it a state thing, county thing, etc. my parents sign the same waiver, given to me by my attorney. Maybe OP, check into the laws in your state.

[craftymissbeth]

I've been reading all the responses on this thread but I'm curious about a few things. It may vary from state to state is what got me thinking. Every year when I do my daughters school registration forms, I have to sign a form saying I wont hold the school or any staff etc liable for any injuries sustained at school or on the bus etc or during school off site activities etc. when she goes on field trips, I have to sign the same liability waivers. They all say, of course, providing the accident wasn't from neglect etc. the same forms I sign when I sign them up for sports etc. I'm sure the school and sports etc has insurance, but why the forms? I asked them one time, they said they are only liable if an injury occurs due to neglect on the staffs part. For instance, the bus picks her up and while she's walking up the steps in the bus, the driver hits the gas and she falls out. They are liable. Accident on the playground with the correct number of adults supervising and equipment was in good repair, not liable.

I wonder if other states are like this too??? Just a thought. In the above bus accident, their insurance will pay. Playground injury, my insurance has to pay for that broken arm.

So I'm wondering is it a state thing, county thing, etc. my parents sign the same waiver, given to me by my attorney. Maybe OP, check into the laws in your state.

I signed a form this year when I enrolled DS in school. Thanks for bringing this up.. it's a great question and I'm looking forward to what others have to say about it.