I'm So Upset... And Need Advice

[Unregistered]

I'm a registered user and logged out to protect my privacy.

I have a 9.5 month old preemie in my daycare and he's been here for about 5 months or so. He's a sweet little baby that looks and acts like a 5 or 6 month old. He is just starting to sit up, but still "tripods" occasionally. He has also recently started getting on both knees into a crawling position, but still can't crawl. Over the past 5 months I've noticed that he always favors his right leg more (his mom even thinks so). For example, when he lays on his back he usually only kicks his right leg.

So, yesterday he was my only kid other than my own toddler. DCB was on his tummy starting to get on his knees and my own child (weighs about 23 lbs) was walking backwards and fell on him. DCB cried... Which was nothing abnormal since he cries occasionally throughout the day. Anyways, I picked him up and soothed him. He seemed fine.... He sat in the Bumbo like normal, he ate, and even took a normal nap. After he woke up from his nap he needed a diaper change and as I changed his diaper I lifted his legs up to wipe his bottom and he cried. Not totally unusual for him to cry, but it was different. So I stripped him down and looked over his body around the area where my son fell thinking that maybe he got hurt? I didn't find anything abnormal, no redness, no swelling, no bruising... Nothing at all. I told the mom what happened when she got here and she said, "oh well, accidents happen"... And then she left.

Later last night I got a text and she took him to the ER... He has a fractured femur. :shocked: i called her immediately and she said they splinted him and will cast him today, I told her how upset I was and she said not to worry, and that she didn't blame me and accidents happen. Then she asked if I had liability insurance... Which I don't... I know I know, I was planning on getting it since there has been a few questions about it lately. And the she asked if I have homeowners insurance and I told her I did, but didn't think they cover my daycare without having an extended policy. We ended the conversation on good terms and she said dcb would not be at my house today because of the Dr's appt.

So my question to you guys is what do I do??? Has anyone ever experienced something like this? I called my lawyer friend who specializes in accidents and he said DO NOT assume liability and DO NOT offer anything.... If she's going to sue she's going to sue. I figured I could help pay medical bills and/ or offer free childcare, but who's to say that this preemie didn't have prior issues since he hardly ever used that leg anyways and my child just added to it??

I'm so upset and didn't sleep last night. I have no idea what to do or how to handle this. Any advice that you can share would be greatly appreciated.

[QualiTcare]

well, i don't think the fact that he didn't seem to use that leg much has anything at all to do with his femur being fractured. i mean, i don't think it was fractured BEFORE and suddenly became apparent because your child fell on it. it seems pretty obvious that being fell on caused the fracture IMO.

it's just my opinion, but i think you should pay the co-pay. it seems like you feel this way too since you mentioned it. of course i'm sure you don't WANT to - who does? they probably don't want to either. i think it's the right thing to do. if they were to sue, i'm sure they'd win - so i'd just bypass the whole mess and pay up.

btw - i wouldn't be surprised if the parents turn to the internet to find an answer also - something to think about if you think there might be any specific information they may be able to identify from your post. the last thing you'd want if they did sue is your admission in black and white.

[SandeeAR]

Sorry, accidents do happen. That is part of life. It could have happened with him at home playing with a cousin, etc.

If they have insurance, I would offer to pay for the part insurance doesn't pick up. If they don't have insurance, I would offer to split the bill with them. Most hospital bills can be paid out.

And get that Liability insurance TODAY!!!

[Blackcat31]

I am so sorry that happened in your care....

My friend who is a provider had a little guy hurt his leg while running outside and she called the mom and had mom bring him in and it turned out the little guy had a fractured femur as well, but in his case it had happened a few days earlier from a fall off the top of his bunk bed. The Dr. told the mom though that fractures in kids can be common and sometimes some kids just have soft/brittle bones. (???)

Anyways, I am glad the mom and you have a good enough relationship that she is not pointing fingers...Hope it all works out well for you...

[youretooloud]

I wonder if your homeowner's insurance will still cover this? Or at least the copay. I know that my own homeowners insurance will cover babysitting children if I have less than four children (not my own) in my care. And, only if you are not a licensed daycare.

If you are licensed, and/or have more than the four kids in your care, maybe you could either split the copay, or offer to pay the copays. I would be leery of paying the full copays, or admitting guilt, since this could possibly come back and destroy your entire future in this business. (there will be a lot of doctor's visits after this... so, it's not just one copay)

Most parents are not the "lets sue her and ruin their lives" type of people, but some are.

Just let her know that you are there and will help in any way they need. This doesn't have to have a bad ending.

This week, when you have a chance, research different home daycare insurance companies. Ask around and find out who has had good luck with their companies, and if you are unlicensed, most require you to be regulated. If you are not regulated or licensed, you probably won't be able to get a policy anywhere. Nothing will help with this incident, this is just for future issues. (hopefully there will be no other issues)

[Cat Herder]

Did they say what type of fracture it was by any chance?

[youretooloud]

Here is one link for childcare insurance. I haven't read through it yet, but it might be useful for you.

http://www.childcare-resource.com/insurance.htm

[mac60]

So sorry that happened to you on your watch. Accidents do happen.
My own son was injured at his daycare center when he was 3, I had to pay every penny of it. My own son was hurt during gym class when he was a senior and had over $400 of dental bills because of it, and I received a letter from the school that said they were not liable.

As had been said on this forum before....if your child gets hurt at school, in gym class, or during a sport, the school is not liable for the medical cost the parent is, and unless someone finds you negligent, which I don't think you are, then I would guess it is the parents responsibility.

[Unregistered]

Thank you all for your advice. I actually called my homeowners insurance and they do not cover this since I did not have the extension to my policy. I went ahead and added it today for future protection.

Catherder- she did mention the type of fracture, but I forgot what she called it. I do know that it is intact and didn't come through... What ever that means??


Michael- should I have this post deleted for my protection??? Please advise!!

Thank you all again. I recommend EVERYONE to get insurance... Just in case!

[cillybean83]

i'm not licensed, so my insurance covers my dck's or anyone else who is injured in my home or on my property

if you are licensed i would suggest calling your licensor (sp?), explaining the situation...

the boys leg was not broken before your child fell on him, "favoring" and breaking the largest bone in the body are way, way different. It was just an accident, don't beat yourself up over it, but ignore this lawyer friend of yours, this isn't going to be an outrageous million dollar case, write up paperwork that states what happened, what the bill was, pay the parents out of pocket costs, state that cashing your check for the medical costs is the parents acceptance that issue is final, and they can no longer seek any further monetary gains from the incident. Sign and notarize, have parents do the same, and that should be the end of it

[cillybean83]

compound fractures come through skin, he may have had a hairline

[daycare]

so sorry to hear what yoiu are going through... Please dont stress and dont blame yourself.

When my children get hurt at school, the school assumes NO part of helping to financially resolve the matter.

I am not sure what you have in your contract. I have that if it is a supervised accident that I will not assume responsibility, however, if it were something that happened due to my neglect, then I will have to pay for it.

I think that this is only fair. I feel that as a parent this is part of rasing your child...providing proper insurance and having to deal with the fact that these things will happen throughout their life.

I would not offer anything other than a true apology, which it sounds like you have already done...

I hope that your day gets better, don't stress to much it was not your fault and you did everything right... You told the mom and you cared for the child.

Just so you know, it is possible that the child had an already existing small fracture and your son falling on it further injured the already existing fracture.

I had this happen to me as a teenager.... my leg was fractured with a hairline for a very long time and I was not aware of it... other than slight pain, I did not know.. My sister and I were playing around in the pool and my sister landed on my leg and split the already existing fracture even more....

hang in there...

[QualiTcare]

i'm not licensed, so my insurance covers my dck's or anyone else who is injured in my home or on my property

if you are licensed i would suggest calling your licensor (sp?), explaining the situation...

the boys leg was not broken before your child fell on him, "favoring" and breaking the largest bone in the body are way, way different. It was just an accident, don't beat yourself up over it, but ignore this lawyer friend of yours, this isn't going to be an outrageous million dollar case, write up paperwork that states what happened, what the bill was, pay the parents out of pocket costs, state that cashing your check for the medical costs is the parents acceptance that issue is final, and they can no longer seek any further monetary gains from the incident. Sign and notarize, have parents do the same, and that should be the end of it

i agree - if the parents are reasonable (and it sounds like they are) i'm sure they would be satisfied with being reimbursed the co-pay vs. having the entire bill placed on the provider. i would write on the check's memo line "paid in full." it probably won't get ugly, but if it ever did - a judge will see that and know that the parents agreed it was the final agreed upon amount by cashing it.

for the record - even though it was an accident, a childcare provider whose job it is to keep kids safe from injuries can EASILY be found negligent. school and childcare are totally different animals. the fact that this infant had a fractured femur and the parents weren't notified immediately and care wasn't sought wouldn't be a good thing if it got ugly. not contacting the parents or seeking medical advice COULD be considered negligent. BUT there's no reason for it to go that far.

[jen]

I had two daycare boys, both schoolagers wrestling around on the floor...I told them to stop, not once, but 3 times. They stopped, and I noticed the younger boy was favoring his left arm. Asked if he was OK...yep, yep. Mom notices that he doesn't want to lift his arm to get his pj's on....took him in, broken collar bone. He didn't want to tell me he got hurt because I had just finished telling him to stop wrestling around. I apologized that he was hurt, but I didn't offer to pay anything. Everybody was fine, had the family for years.

In your situation, because the parent has already asked you about homeowners, I would suspect that they may ask you to cover the deductible or co-pay. Bear in mind, before you go offering to pay, that you (I don't think) know how much their deductible is and it could be ALOT. If they do ask you, and it is a reasonable amount, I would pay it. As hard as it is to do nothing, that is exactly what I would suggest you do for now.

Two more things: Try to remember this. You are not negligent, you aren't going to jail or losing your house. There was an accident, no one was seriously hurt (as in requiring a hospital stay) and as stressful as it is now, this too shall pass. Try to remain calm and professional...friendly too, because you don't want to antagonize them either.

The 2nd thing...don't take legal advice from a bunch of people on the internet...take legal advice from a lawyer.

[cillybean83]

i know schools don't assume legal responsibility, but also schools employ lots and lots of attorneys, so you never know what a school has agreed to behind closed doors, made deals, etc...even in a classroom if you can prove negligence, the school might not be sued, but the teacher could be. When I was in 10th grade, at an inner city chicago public school, I had a teacher who frequently left the classroom to talk to her boyfriend who was forever coming to the school to visit, a couple of kids were goofing off, one was leaning out the window to talk to a kid outside, another kid bumped him and out the window he went. The teacher got sued, the school got sued, the city got sued, EVERYBODY got sued...and the kid got a LOT of money, and this was a 16 year old who KNEW better, but negligence was involved

I'm not saying you were negligent, I don't think you were, but people like to twist and bend things to their liking, and parents who might seem great, may change when they see dollar signs...this boy can't defend you, and say "of course she was watching me" but admitted to them that your own kid, not a daycare kid, fell on their boy...and the wheels in their heads may start turning, and you don't want that, i'm not an attorney but I did study law, and if the amount of money it would take to squash this is minimal, i would offer it before they asked for it, write the check and be done before they even consider wanting more...that's just me