Accident That Required Stitches

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Tdhmom
    Daycare.com Member
    • Jun 2013
    • 314

    Accident That Required Stitches

    So Dcb was going down the slide head first and had put a plastic play school chair in front of the slide (something I ask him not to do daily) and kablamo he sliced his chin clean open! I called dcm and explained he fell into a chair coming down the slide and needs to be seen for stitches. She comes to get him and as I'm putting dcb in the car and buckling him in, she finally gets off her phone and before she shuts her door says "so did he fall on the sidewalk?!" I said "no, he went down the slide head first and into a chair he had put at the bottem".
    Am I going to get a huge bill for this? Since it happened on my watch, at my home, am I responsible for the bill?
  • KidGrind
    Daycare.com Member
    • Sep 2013
    • 1099

    #2
    Yes, you are responsible.

    Whether you owe for the bill or not it depends on your contract. I’ve seen contracts where it states, “Provider is not financially responsible for medical bills resulting from accidents during care, not due to negligence.”

    I am not faulting you or judging you.

    An individual could view your not noticing his placing the chair in front of the slide and going down head first as negligence.

    I hope he heals up just fine. I am wishing you luck.

    Comment

    • Unregistered

      #3
      I have in my contract that if a child is injured the parents are responsible for medical bills. Do you have anything in your contract?

      Comment

      • daycarediva
        Daycare.com Member
        • Jul 2012
        • 11698

        #4
        Originally posted by KidGrind
        Yes, you are responsible.

        Whether you owe for the bill or not it depends on your contract. I’ve seen contracts where it states, “Provider is not financially responsible for medical bills resulting from accidents during care, not due to negligence.”

        I am not faulting you or judging you.

        An individual could view your not noticing his placing the chair in front of the slide and going down head first as negligence.

        I hope he heals up just fine. I am wishing you luck.
        I'm not sure if this will hold up in court, no matter what your contract states, you ARE responsible.

        Do you have insurance?

        I wouldn't offer to pay for anything and see where the chips fall, so to speak. They probably have insurance, and IF dcm wanted me to pay for anything, I would pay the copay.

        Also, if you haven't already, make a report, call licensing, and get those chairs out of there. I have a rule about only butts going on the slide, too.

        Comment

        • melilley
          Daycare.com Member
          • Oct 2012
          • 5155

          #5
          One of my dcb's fell and split his forehead open here and the wound required stitches. Thankfully his parents didn't come back at me for it. I think that's why we have business liability, for things that come up, like this if the parent's decide to sue for the cost of the medical bills or whatever.

          Also, I think that I have read on here (from Tom maybe?) that even though (if) your contract states that you aren't liable for injuries and/or medical bills, that they could still hold you liable, but I may be wrong.

          Comment

          • Tdhmom
            Daycare.com Member
            • Jun 2013
            • 314

            #6
            I don't even have a contract to be honest. I never thought I needed one until today. He usually puts the chair in front of the slide and then rolls a ball down it or a monster truck. Well I had my back turned talking with another child and he went down head first. I feel awful!

            Comment

            • melilley
              Daycare.com Member
              • Oct 2012
              • 5155

              #7
              Originally posted by daycarediva
              I'm not sure if this will hold up in court, no matter what your contract states, you ARE responsible.

              Do you have insurance?

              I wouldn't offer to pay for anything and see where the chips fall, so to speak. They probably have insurance, and IF dcm wanted me to pay for anything, I would pay the copay.

              Also, if you haven't already, make a report, call licensing, and get those chairs out of there. I have a rule about only butts going on the slide, too.
              I would not offer to pay anything either. It sounds mean, but a trip to the hospital could costs thousands!

              Comment

              • melilley
                Daycare.com Member
                • Oct 2012
                • 5155

                #8
                Originally posted by Tdhmom
                I don't even have a contract to be honest. I never thought I needed one until today. He usually puts the chair in front of the slide and then rolls a ball down it or a monster truck. Well I had my back turned talking with another child and he went down head first. I feel awful!
                I felt awful when my dcb was injured here too. I even cried when mom picked up. I held it together until she took him, bleeding from me. Accidents happen, we are all human....that's what my dcp said to me.

                Comment

                • daycare
                  Advanced Daycare.com *********
                  • Feb 2011
                  • 16259

                  #9
                  it does not matter what you have in your contract about that. YOU are 100% responsible for the children while in your care. Even if you took them to bounce jump city and they fell in the bounce house and did it, it's still your responsibility. This is why I have huge DC liability insurance policy.

                  If you want to the information to where I purchase my insurance, I'll be more than happy to pass it on.

                  YOu may get lucky and the parents have great coverage and not end up with anything. Or a family that sees it as kids play and don't try to hold you accountable. BUT be prepared for a LIC visit if you are licensed and for the parents to not only ask that you pay for their medical bills but also for their time missed from work due to the incident.

                  Comment

                  • Cradle2crayons
                    Daycare.com Member
                    • Apr 2013
                    • 3642

                    #10
                    Originally posted by KidGrind
                    Yes, you are responsible.

                    Whether you owe for the bill or not it depends on your contract. I’ve seen contracts where it states, “Provider is not financially responsible for medical bills resulting from accidents during care, not due to negligence.”

                    I am not faulting you or judging you.

                    An individual could view your not noticing his placing the chair in front of the slide and going down head first as negligence.

                    I hope he heals up just fine. I am wishing you luck.
                    It actually depends more on the state than your contract. I also have in my contract hat I'm not responsible if I'm providing appropriate supervision etc etc blah blah. But it's my understanding hat in some states.... It may not be enough.

                    In this case, op, I hate to say it. But this could be proven as due to negligence possibly. I'm so sorry his happened to you though. Dck will be fine though.

                    Comment

                    • sharlan
                      Daycare.com Member
                      • May 2011
                      • 6067

                      #11
                      Originally posted by Cradle2crayons
                      It actually depends more on the state than your contract. I also have in my contract hat I'm not responsible if I'm providing appropriate supervision etc etc blah blah. But it's my understanding hat in some states.... It may not be enough.

                      In this case, op, I hate to say it. But this could be proven as due to negligence possibly. I'm so sorry his happened to you though. Dck will be fine though.
                      That's the problem. Appropriate supervision is open to interpretation, yours or mine.

                      Comment

                      • daycare
                        Advanced Daycare.com *********
                        • Feb 2011
                        • 16259

                        #12
                        Originally posted by sharlan
                        That's the problem. Appropriate supervision is open to interpretation, yours or mine.
                        yes that is what LIC will say. They will come out to investigate to see if you were being negligent in any way.

                        Hopefully this was just a little incident and won't be a huge deal. I hope that it all works out in your favor and that the DCP are not too upset about it. Kids will get hurt, there really is no 100% way from it happening.....

                        Comment

                        • Cat Herder
                          Advanced Daycare.com Member
                          • Dec 2010
                          • 13744

                          #13
                          Originally posted by Tdhmom
                          So Dcb was going down the slide head first and had put a plastic play school chair in front of the slide (something I ask him not to do daily) and kablamo he sliced his chin clean open! Am I going to get a huge bill for this? Since it happened on my watch, at my home, am I responsible for the bill?
                          I am going to have to say yes.

                          If it happened here, because of your statement in the bolded section, I would be forced to close during the investigation, cited, possibly fined, published online and ordered to take more classes before re-opening.

                          The reasoning for my State: It was a "safety issue" that you "were aware of" and "failed to address within a reasonable time frame". Possibly even a "lack of physical supervision, playground equipment" which is a big, big hit here. (those would be the most likely citations I'd recieve for this incident, not my personal opinion)

                          Are you required to formally report (state forms) any injury requiring treatment? I am within 24 hours.
                          - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                          Comment

                          • sharlan
                            Daycare.com Member
                            • May 2011
                            • 6067

                            #14
                            Originally posted by Cat Herder
                            I am going to have to say yes.

                            If it happened here, because of your statement in the bolded section, I would be forced to close during the investigation, cited, possibly fined, published online and ordered to take more classes before re-opening.

                            The reasoning for my State: It was a "safety issue" that you "were aware of" and "failed to address within a reasonable time frame". Possibly even a "lack of physical supervision, playground equipment" which is a big, big hit here. (those would be the most likely citations I'd recieve for this incident, not my personal opinion)

                            Are you required to formally report (state forms) any injury requiring treatment? I am within 24 hours.
                            I was told this years (30) ago by my atty. I was watching a neighbor's boys when the one hit his brother. I told him not to hit and headed back to the kitchen to finish cooking breakfast. The elder boy hit again and knocked his brother's tooth out. My atty, who my neighbors were in a meeting with, told me that I was responsible because I knew the boy could hit his brother again and I didn't prevent it. I was also told that the injured boy could sue me when he hit 18 for any dental issues he had as a result of the accident. I paid the dental bill for the dentist to put the tooth back in and the boy never sued me. (I was surprised because the parents sued everybody.)

                            Comment

                            • Tdhmom
                              Daycare.com Member
                              • Jun 2013
                              • 314

                              #15
                              Originally posted by Cat Herder
                              I am going to have to say yes.

                              If it happened here, because of your statement in the bolded section, I would be forced to close during the investigation, cited, possibly fined, published online and ordered to take more classes before re-opening.

                              The reasoning for my State: It was a "safety issue" that you "were aware of" and "failed to address within a reasonable time frame". Possibly even a "lack of physical supervision, playground equipment" which is a big, big hit here. (those would be the most likely citations I'd recieve for this incident, not my personal opinion)

                              Are you required to formally report (state forms) any injury requiring treatment? I am within 24 hours.
                              I'm not licensed. I can have 4 children not related in my care, so not real sure what I'm supposed to be doing.

                              Comment

                              Working...