Injury Policy?

[misol]

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.

Ouch! I am very sorry that happened to your daughter. Although I would be livid, I am not sure how the teacher would have been able to prevent this from happening. Even if she was sitting there watching 2 kids playing in the dirt together she had no way of anticipating that one child would throw dirt in another child's face. Another example is if a child in your care falls on the playground and breaks their arm. As long as the equpiment was age-appropriate and the provider was properly supervising, that's not negligence. Sometimes injuries are truly just bad accidents. If this is not the case then maybe I just don't have a true understanding of the meaning of negligence.

When a parent takes their kid to any place where there are other kids around and there is physical activity involved (daycare, school, park, skating rink, etc.) they have to understand that there is some increased risk of injury.

Might get flamed for this but I think that sometimes (not always) when a person/entity offers to pay medical expenses it's a hopeful attempt to avoid being sued. 1) The parents appreciate the gesture and 2)it's cheaper to pay the doctor's bill than to pay attorney's bill.

I am lucky enough to have had parents who trust me and have been totally understanding when their child was injured in my care. Although they may be understandably upset, reasonable parents know that when children are at play, accidents happen. The bottom line though is that yes, it is better to have liability insurance than not!

[QualiTcare]

Ouch! I am very sorry that happened to your daughter. Although I would be livid, I am not sure how the teacher would have been able to prevent this from happening. Even if she was sitting there watching 2 kids playing in the dirt together she had no way of anticipating that one child would throw dirt in another child's face. Another example is if a child in your care falls on the playground and breaks their arm. As long as the equpiment was age-appropriate and the provider was properly supervising, that's not negligence. Sometimes injuries are truly just bad accidents. If this is not the case then maybe I just don't have a true understanding of the meaning of negligence.

When a parent takes their kid to any place where there are other kids around and there is physical activity involved (daycare, school, park, skating rink, etc.) they have to understand that there is some increased risk of injury.

Might get flamed for this but I think that sometimes (not always) when a person/entity offers to pay medical expenses it's a hopeful attempt to avoid being sued. 1) The parents appreciate the gesture and 2)it's cheaper to pay the doctor's bill than to pay attorney's bill.

I am lucky enough to have had parents who trust me and have been totally understanding when their child was injured in my care. Although they may be understandably upset, reasonable parents know that when children are at play, accidents happen. The bottom line though is that yes, it is better to have liability insurance than not!

that may not have sounded right - i didn't blame the teacher. i was quoting the director.

"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."

i worked at the daycare when it happened (in another room) and they were freaking out when i got to her, urging me to take her to the ER. i was a nervous wreck with people yelling, "you need take her now!" but all i was thinking is if i took her, she'd be suffering during the long jog to the car and the car ride when i could probably fix it on the spot myself much faster- which i did thankfully.

but yeah, she didn't have to worry about me personally trying to sue or anything crazy, but it probably is easier (and a lot less painful) in general to just pay the bill if a child does go to the doctor because in the end - the person providing care for the child is going to be held responsible if something happens to them. it might not be "fair" but it wouldn't be fair to the parent who wasn't even there to have to pay either really. that was their philosophy anyway which made sense to me. the whole conversation came up bc i was saying if i did have to take her - the parents of the child who did it should have to pay - not the daycare. but then of course the parents of that child would say, "weren't you watching her? how could you not have stopped it?" it's not fair for the daycare to pay, but the victim's parents certainly shouldn't have to. it's just too complicated. it's ridiculous that if a kid you don't know falls in your pool you can be held liable if you don't have a fence (cus they shouldn't be on you property anyway) or if they get hurt on your swingset - well, it's your fault bc it's "an attractive nuisance." so, yeah, definitely better to have insurance. based on my record, i could do without car insurance if i just had to worry about myself - it's all the people around me that i don't trust!

[Barb]

Daycare

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

I dont think there is a legal clause stating that you can not refuse child care to a parent's child. Unless you are able to staff and equip your home day care to accommoodate this child, its okay to deny a family based on what your day care can or can not accomodate. Simply explaining this to the parent/parents that you are unable to accommodate their child, due to the fact that caring for this child needs special attention and possibly special equipment, it will take away the attention and care needed for the other children. This is an honest professional answer. Its always good to have some resources available of other daycare facilities who can accomodate children with physical impairments. This way you can refer the parent to them.

[Mom&Provider]

If it were me, I wouldn't take on this child. There are too many issues that could arise here that are not preventable. What if another child pushes this child or what happens if this child simply trips over their own feet while out for a walk? These are things that happen to kids, regardless of how watchful the provider is...they are kids after all!

It would make me very nervous something would happen to this child on my watch, insurance or not, I would decline them stating someone else was a better fit.