I'm So Upset... And Need Advice

[cillybean83]

like I said, I'm not an attorney, Im just saying what I would do in the situation. Sure, an insurance company can, and will go after you and sue you...if it's worth their time and resources. A hairline fracture on a leg is not. If the child had fallen and hit his head and was facing long term care for mental retardation, or was put into a vegetative state, then maybe, but a broken leg is, in the grand scheme of things, nothing. At most the entire bill will be a couple thousand dollars, and I doubt it will be that much because they didn't need to operate. Paying the copay and making the parent sign that paying the copay is the end of their financial contribution to the matter isn't the parent "signing away the rights of their child"...it's a gesture to show that the provider is to do her part since she didn't have the necessary insurance coverage that would have paid for it, and honestly, even if she did have insurance, this procedure is so minor that it might be cheaper to not even notify the insurance and just pay out of pocket...the deductible alone could have easily been around the cost of the doctor bill.

Anyhoo...I worked in the legal field and was pre-law so I know some about this stuff but Im no expert...but this isn't going to be a serious issue for the OP no matter how she handles it, worst case scenario the parents want her to foot the bill, it won't be a massive bill, and court would probably cost more than the lil guys cast did

[QualiTcare]

- i've been known to say "you can't sign away your child's rights" but i was referring to the fact that no matter what you sign, if the LAW says differently than the "contract" the contract isn't valid- even if it were signed.

meaning - if the law says an owner IS responsible for their dog biting a child....the parent signing a paper saying "it's okay if your dog bites" won't hold any weight aka "you can't sign away your child's rights."

::

[nannyde]

like I said, I'm not an attorney, Im just saying what I would do in the situation. Sure, an insurance company can, and will go after you and sue you...if it's worth their time and resources. A hairline fracture on a leg is not. If the child had fallen and hit his head and was facing long term care for mental retardation, or was put into a vegetative state, then maybe, but a broken leg is, in the grand scheme of things, nothing. At most the entire bill will be a couple thousand dollars, and I doubt it will be that much because they didn't need to operate. Paying the copay and making the parent sign that paying the copay is the end of their financial contribution to the matter isn't the parent "signing away the rights of their child"...it's a gesture to show that the provider is to do her part since she didn't have the necessary insurance coverage that would have paid for it, and honestly, even if she did have insurance, this procedure is so minor that it might be cheaper to not even notify the insurance and just pay out of pocket...the deductible alone could have easily been around the cost of the doctor bill.

Anyhoo...I worked in the legal field and was pre-law so I know some about this stuff but Im no expert...but this isn't going to be a serious issue for the OP no matter how she handles it, worst case scenario the parents want her to foot the bill, it won't be a massive bill, and court would probably cost more than the lil guys cast did

I don't agree with this at all.

There could be THOUSANDS of dollars of doctor and hospital bills on this. Getting him seen, xrayed, and casted is PART of this. He will have many follow up apointments,, physical therapy, and procedures.

The parent can't sign away the insurance company's stake in this. If she agrees to pay their portion why shouldn't the insurance company have the ability to reclaim their portion of it.

This is another example of "parents can't give you permission to do the wrong thing". Other people have stake in the child. The insurers, society, child protective, and whatever agency regulates child care in your state.

The parents can't give her permission to just pay their co-pay and waive her responsibility to all the other entities that have a stake in the child. My guess is that child protective is actively involved in this as we speak. A leg fracture to a non mobile infant is something they WILL investigate. The fact that the provider stated her child did this by accident is a HUGE red flag in child abuse investigations.

This is a VERY serious situation that is riddled with some very complex aspects of child care and child care business.

[MyAngels]

I don't agree with this at all.

There could be THOUSANDS of dollars of doctor and hospital bills on this. Getting him seen, xrayed, and casted is PART of this. He will have many follow up apointments,, physical therapy, and procedures.

The parent can't sign away the insurance company's stake in this. If she agrees to pay their portion why shouldn't the insurance company have the ability to reclaim their portion of it.

This is another example of "parents can't give you permission to do the wrong thing". Other people have stake in the child. The insurers, society, child protective, and whatever agency regulates child care in your state.

The parents can't give her permission to just pay their co-pay and waive her responsibility to all the other entities that have a stake in the child. My guess is that child protective is actively involved in this as we speak. A leg fracture to a non mobile infant is something they WILL investigate. The fact that the provider stated her child did this by accident is a HUGE red flag in child abuse investigations.

This is a VERY serious situation that is riddled with some very complex aspects of child care and child care business.

This is absolutely correct. Just speaking to the insurance aspect of this - my son recently broke his finger. The amount that our insurance company has paid to date for treatment of a simple break: over $8,000. He's not done being treated yet, so there will be more. Within days of the first claim submitted to them, they contacted us asking who else is responsible for this accident? They want to know, was he on the job, at someone else's home, at school? They are trying to figure out if they can subrogate this claim. I would imagine this child's insurance carrier will be doing the same thing.

[SandeeAR]

I missed the part about the lawyer the first go around, sorry. I have changed my opinion after rereading the post. Yes listen to the lawyer!
Sorry!

[momatheart]

Sorry to say, but cillybean's advice was not correct. A parent cannot sign away their children's rights. As I said before, the OP should follow the advice of her attorney regarding accepting any liability in this situation. Because she does not have insurance, she needs to protect not only herself, but her family as well. Lawyers and insurance companies can, and will, go after any asset they can find if they are able to establish any liability at all. That includes all bank accounts, real estate, etc.

Hopefully this will never reach that point, and I doubt that it will, but if push comes to shove, she needs to protect not only herself but her family as well.

Very good point thanks.

I have noticed as well in years of Daycare that even the wonderful parents can switch attitudes on you. Just when you think they won't BAM they come at a different angle. Sad but true. It does happen.

Thanks MYANGLES for bringing this to my attention.

[JenNJ]

She needs to listen to her LAWYER, in her own state. Working in law and being a lawyer who has passed the bar and practiced law pertaining to the subject matter are different ball games. Please don't follow advice on an internet forum. Go to free consultations of lawyers in your area. I wish you luck.

[JenNJ]

Also cillybean, being pre-law is not the same as being a lawyer. Just as you know nothing about this child's break or how expensive care and treatment will be, I'm sure you don't know liability laws in her state well enough to offer her legal advice. So unless you ARE a Dr or a lawyer, please don't pass your word off as that of a true professional. Its irresponsible.

[cillybean83]

again, not saying what she should do, just saying what i would do...obviously this should just be a discussion on the site, not a way of getting around paying for REAL legal advice...

i should also say that my opinion is based on ALL parties involved agreeing that this was an honest accident. The hairy issue with this scenario is that if anyone decides to pursue the matter there are going to be a lot of "whys" involved, the biggest one being why was a non-mobile child laid on the floor in a room with a toddler walked around? Whether is was or wasn't, that opens a big can of "negligance" worms...and mom and dad might be seeing dollar signs right about now.

[cillybean83]

jen i specifically said it was my opinion, that i wasn't a lawyer or an expert, it was what i would do....so why you've decided to single me out like i'm telling her what to do is a bit confusing...she asked for advice/opinions...thats my 2 cents and thats about all its worth

[jen]

jen i specifically said it was my opinion, that i wasn't a lawyer or an expert, it was what i would do....so why you've decided to single me out like i'm telling her what to do is a bit confusing...she asked for advice/opinions...thats my 2 cents and thats about all its worth

LOL! There is JenNJ and jen! I thought you were talking to me for a minute!

[cillybean83]

oops sorry! I'm not trying to come off as hateful or anything! I hope it isn't being taken that way! I was just giving my opinion and the only advice I have is what I would personally do, I'm worried that someone might take my opinion as legal advice, and I didn't mean it in ANY such way, the only thing my limited knowledge of the legal system has ever been good for is drawing up paperwork, and that has saved on legal fees when that was all I needed from a lawyer, but as far as something being a continuing issue, and one might say this and the other might say that, and all that stuff...yeah...you all are right, I don't know anything about that mess!

[jen]

oops sorry! I'm not trying to come off as hateful or anything! I hope it isn't being taken that way! I was just giving my opinion and the only advice I have is what I would personally do, I'm worried that someone might take my opinion as legal advice, and I didn't mean it in ANY such way, the only thing my limited knowledge of the legal system has ever been good for is drawing up paperwork, and that has saved on legal fees when that was all I needed from a lawyer, but as far as something being a continuing issue, and one might say this and the other might say that, and all that stuff...yeah...you all are right, I don't know anything about that mess!

No worries, I'm often confused...

[daycare]

oops sorry! I'm not trying to come off as hateful or anything! I hope it isn't being taken that way! I was just giving my opinion and the only advice I have is what I would personally do, I'm worried that someone might take my opinion as legal advice, and I didn't mean it in ANY such way, the only thing my limited knowledge of the legal system has ever been good for is drawing up paperwork, and that has saved on legal fees when that was all I needed from a lawyer, but as far as something being a continuing issue, and one might say this and the other might say that, and all that stuff...yeah...you all are right, I don't know anything about that mess!

I'd pay at least 10cents.... jk I had to brighten the load....
and yes I am confused too with the jen and jennj.... I have to pay better attention

[QualiTcare]

This is absolutely correct. Just speaking to the insurance aspect of this - my son recently broke his finger. The amount that our insurance company has paid to date for treatment of a simple break: over $8,000. He's not done being treated yet, so there will be more. Within days of the first claim submitted to them, they contacted us asking who else is responsible for this accident? They want to know, was he on the job, at someone else's home, at school? They are trying to figure out if they can subrogate this claim. I would imagine this child's insurance carrier will be doing the same thing.

i bet you're right.