Injury Policy?

[DaycareMama]

Just wondering what everyone has as far as an injury policy?! How do you state it in your contract?
I had an interview with a mom who's child is very "fragile" due to medical reasons. It is very easy for the child to break bones. This honestly makes me nervous. I will always do my best to make sure nothing happens. BUT what if it does and its as simple as a little fall? How can I protect myself and my family legally? I do not currently have daycare insurance. I would love to find an affordable company but in the mean time is it wrong, not even legal or unthinkable to put in some kind of clause that relieves me of any possible lawsuit or financial backlash god for bid something happens? Or medical bills?
OR...:confused:.... How can I comfortably deny this family if I decide its to much??
ANY advice would be great, Thanks

[Lucy]

I don't have any advice on how you can protect yourself. If it were me, I would not take this child. Not really for the liability reasons, but just because I would feel horrible if someone got hurt on my watch.

As far as denying the family... that's just as easy as saying you interviewed several families for the spot, and another child was a better fit. Don't ever feel bad for turning someone down.

[Crystal]

I think you should be able to put a clause in your contract:

Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.

Have the parent initial this space in the contract.

I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.

[SilverSabre25]

I think you should be able to put a clause in your contract:

Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.

Have the parent initial this space in the contract.

I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.

Ditto all of this

[QualiTcare]

you should really try to get some legal advice. laws are different in every state, but for the most part, if someone gets hurt on your property - you're liable, period.

think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.

i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.

i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.

[Lucy]

I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.

I suppose so, if you want to get technical. I've had someone call about taking a child with CP in a wheelchair, and I just said I've never had anyone with medical problems before, and to be perfectly honest, I'm not really comfortable with it. They said they completely understood. I think if you're up front and say that you don't really feel comfortable about taking a medically fragile child, what parent would WANT you to watch them anyway? You're not saying "NO, I won't take your child because they are handicapped" ... you are merely saying it makes you uncomfortable and then the parent would realize you're not a good fit for them.

[Abigail]

How old is this child? Has this child been in daycare before or gone to a preschool before? If you can, I would ask for their contact information (name/number) and call and see how that child was in their care. I know people have done this when they get children who were kicked out from another daycare to get the right facts before enrolling them. I would find that acceptable. Chances are though they will tell you it has just been family watching the child and I wouldn't want to rock that boat.

Can you ask for the child's Dr's name and number and ask what exactly the child's condition is? It might make you feel better. Just be honest with the parent and tell them that you would feel more comfortable asking the child's Dr. a few questions. If you do feel the child is not the right fit, don't feel bad to do the general "Your child will not be a good fit for our daycare" because it could be the needed hours, days, age, etc. Don't focus so much on the fragile part. Maybe he came from a rough daycare and got pushed around a lot, etc, and if your age group and kids are calmer it will be fine. Have you asked the parents what has happened to him to far to get hurt, what injuries he has already had, and if he was diagnosed with anything???? Make sure to get the facts. It is your right to know as his provider.

[Lucy]

you should really try to get some legal advice. laws are different in every state, but for the most part, if someone gets hurt on your property - you're liable, period.

think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.

i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.

i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.

Agree completely. Those waiver forms are worth nothing except for the fact that the parents can't say they weren't told there would be a trip. Other than that, you CAN be sued if an injury occurs and it is found that you were in any way negligent (which can be any little technicality).

[Abigail]

Agree completely. Those waiver forms are worth nothing except for the fact that the parents can't say they weren't told there would be a trip. Other than that, you CAN be sued if an injury occurs and it is found that you were in any way negligent (which can be any little technicality).

OMG, I never knew that! Hopefully I will have wonderful, honest, understanding parents.

[MyAngels]

Agree completely. Those waiver forms are worth nothing except for the fact that the parents can't say they weren't told there would be a trip. Other than that, you CAN be sued if an injury occurs and it is found that you were in any way negligent (which can be any little technicality).

You cannot sign away your child's rights, no matter what the release form says. I was told this by a friend of mine who is also an attorney when my kids were smaller and I was concerned about signing a release form for a rock climbing place.

[BentleysBands]

my only advice is to look into insurance. whether for this child or anyone other child. its good to have

[misol]

How old is this child? Has this child been in daycare before or gone to a preschool before? If you can, I would ask for their contact information (name/number) and call and see how that child was in their care. I know people have done this when they get children who were kicked out from another daycare to get the right facts before enrolling them. I would find that acceptable. Chances are though they will tell you it has just been family watching the child and I wouldn't want to rock that boat.

Can you ask for the child's Dr's name and number and ask what exactly the child's condition is? It might make you feel better. Just be honest with the parent and tell them that you would feel more comfortable asking the child's Dr. a few questions. If you do feel the child is not the right fit, don't feel bad to do the general "Your child will not be a good fit for our daycare" because it could be the needed hours, days, age, etc. Don't focus so much on the fragile part. Maybe he came from a rough daycare and got pushed around a lot, etc, and if your age group and kids are calmer it will be fine. Have you asked the parents what has happened to him to far to get hurt, what injuries he has already had, and if he was diagnosed with anything???? Make sure to get the facts. It is your right to know as his provider.

I think that this is good advice. Even after you talk to the doctor, I would still ask the doctor for something in writing stating what (if anything)the child has been diagnosed with and what can be done so as not to exacerbate her condition. If the Dr. won't give anything have the parents give you something in writing regarding her being fragile and what steps they would like you to take to prevent injury. At least if something were to happen, you have it documented that the child is prone to broken bones, etc. Personally, I would keep interviewing until I found a better fit.

My contract states that parents assume financial responsiblility for all injuries or illnesses sustained while in my care. Whether you have liability insurance or not, wouldn't the parents still have to prove that you were somehow negligent? I would think that this is where having a doctor's note would work in your favor (unless, of course, the provider was truly negligent).

[misol]

How old is this child? Has this child been in daycare before or gone to a preschool before? If you can, I would ask for their contact information (name/number) and call and see how that child was in their care. I know people have done this when they get children who were kicked out from another daycare to get the right facts before enrolling them. I would find that acceptable. Chances are though they will tell you it has just been family watching the child and I wouldn't want to rock that boat.

Can you ask for the child's Dr's name and number and ask what exactly the child's condition is? It might make you feel better. Just be honest with the parent and tell them that you would feel more comfortable asking the child's Dr. a few questions. If you do feel the child is not the right fit, don't feel bad to do the general "Your child will not be a good fit for our daycare" because it could be the needed hours, days, age, etc. Don't focus so much on the fragile part. Maybe he came from a rough daycare and got pushed around a lot, etc, and if your age group and kids are calmer it will be fine. Have you asked the parents what has happened to him to far to get hurt, what injuries he has already had, and if he was diagnosed with anything???? Make sure to get the facts. It is your right to know as his provider.

I think that this is good advice. Even after you talk to the doctor, I would still ask the doctor for something in writing stating what (if anything)the child has been diagnosed with and what can be done so as not to exacerbate her condition. If the Dr. won't give anything have the parents give you something in writing regarding her being fragile and what steps they would like you to take to prevent injury. At least if something were to happen, you have it documented that the child is prone to broken bones, etc. Personally, I would keep interviewing until I found a better fit.

My contract states that parents assume financial responsiblility for all injuries or illnesses sustained while in my care. Whether you have liability insurance or not, wouldn't the parents still have to prove that you were somehow negligent? I would think that this is where having a doctor's note would work in your favor (unless, of course, the provider was truly negligent).

[laundrymom]

I think I would be honest with the mom,.. I would tell her that you are afraid that being in your big energetic group that the child would be hurt? just from routine play,... I would suggest to her to find a group that has limited energetic activities or one where she would be the oldest in attendance. to limit the physical contact that the kids in your group display? Mom is probaby as scared as you about it. Ask her what her expectations are, does she expect you to limit her activity? her active play? the active play of the others in care. Explain that yours is a very fast paced, in depth play based care facility and you are not sure how she would fit into you mix of kids? find out what she is looking for in a child care situation,.. then help her find that.... even if its not with you?

[QualiTcare]

I think that this is good advice. Even after you talk to the doctor, I would still ask the doctor for something in writing stating what (if anything)the child has been diagnosed with and what can be done so as not to exacerbate her condition. If the Dr. won't give anything have the parents give you something in writing regarding her being fragile and what steps they would like you to take to prevent injury. At least if something were to happen, you have it documented that the child is prone to broken bones, etc. Personally, I would keep interviewing until I found a better fit.

My contract states that parents assume financial responsiblility for all injuries or illnesses sustained while in my care. Whether you have liability insurance or not, wouldn't the parents still have to prove that you were somehow negligent? I would think that this is where having a doctor's note would work in your favor (unless, of course, the provider was truly negligent).

well, i see your point, but it's not hard to prove negligence when a child gets hurt in the care of a person whose job it is to watch them and keep them safe. my daughter had dirt thrown in her eyes at daycare one time by this hellian kid for no apparent reason. the kid said her name and when she looked up - eyes wide open - she threw dirt right in her face. i can't even describe it, but it was horrible. it was like she had no whites in her eyeballs - they were COVERED in dirt. the director was freaking out and telling me to take her to the ER, but i ended up not having to. when we spoke afterward, she said if i did take her that they would have to pay the bill (which she didn't mind) because technically the teacher should've been able to prevent it - even though i know it wasn't her fault - it could be considered negligent bc she got hurt in their care. she said they had to pay the bill anytime a parent took a child to the doctor bc of an injury that happened at daycare. there was a child who had seizures and that made everyone a nervous wreck. even though his parents, doctors, and everyone knew he had seizures and got bruises, bloody noses, etc. because of his medical condition - the daycare still would've had to pay if he busted his head and the parent chose to go to the doctor. it's very risky not to have insurance, but esp. for a kid prone to injuries.