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injury at childcare

  • 1.  injury at childcare

    Posted 08-19-2020 10:51 AM
    Have a situation that a child collided with another one in childcare running for a ball.  The child had a scratch on their wrist, it was cleaned, ice applied, and the child comforted. In a couple minutes they went back to playing.  The child acted fine, using both hands & arms for the remainder of that week and the following week.  A weekend occurred and on the following Monday Mom asked if we noticed the child favoring one arm.  The teachers said yes they noticed this.  Mom took the child to the doctor and the child had a fractured arm.  Now the parent is wanting us to pay the medical bills because she says it happened over 10 days earlier at childcare.  Has anyone ever had this happen and if so...what did you do?  We do have liability insurance but they said they would not pay.

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    Dawn Justman
    LeRoyer Child Care Center
    Antigo WI
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  • 2.  RE: injury at childcare

    Posted 08-20-2020 04:18 AM
    Did you file and injury report and have the parent sign it? If so then I think it is on the parent to have taken the child to the Dr.

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    Karin King
    Education Consultant
    Trumbull CT
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  • 3.  RE: injury at childcare

    Posted 08-20-2020 09:02 AM
    Yes an incident report was completed, parent signed and filed.  A report was made to DCFS also once the parent seeked medical attention.  Thanks for your thoughts.  Dawn

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    Dawn Justman
    LeRoyer Child Care Center
    Antigo WI
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  • 4.  RE: injury at childcare

    Posted 08-21-2020 10:35 AM
    Hello Dawn,
    I had an incident when an infant sticking a thumb into the back of a glider (rocking chair) in motion and the parent asked us to pay medical expenses at the urgent care. This has never happened to me (22 years in the field) and our liability insurance paid them some of it.
    I added a short paragraph to the Parent Handbook that our center does not pay for medical expenses for injuries to children which happen here. When we have to pay our next liability insurance premium, I'm sure it will go up.
    By the way we immobilized the glider.

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    Susan Smith
    Director
    Heart and Hands Montessori
    Lafayette CO
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  • 5.  RE: injury at childcare

    Posted 08-21-2020 01:18 PM
    I may be wrong but I don't think the State of CT office of Early Childhood allows "glider-type" chairs.

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    Karin King
    Education Consultant
    Trumbull CT
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  • 6.  RE: injury at childcare

    Posted 08-21-2020 01:46 PM
    That is a good idea.  I am currently doing my annual parent handbook update so I think this is something I need to address.  Dawn

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    Dawn Justman
    LeRoyer Child Care Center
    Antigo WI
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  • 7.  RE: injury at childcare

    Posted 08-22-2020 09:32 AM
    Would you be willing to share what you added to the parent handbook?  This is something we need to add. Thank you

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    Diane Lancaster
    Director
    Jump-Start Christian Academy
    Fulshear TX
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  • 8.  RE: injury at childcare

    Posted 08-22-2020 11:23 AM

    Hello Diane,

    This is what I added so we would not be asked to pay for medical expenses for a child's injuries. Also our parents sign an agreement to having read and willingness to follow our policies as stated in the Handbook.

    Parents are responsible for any expenses that incur due to an injury at Heart and Hands.

    Susan Smith

    Heart and Hands Montessori
    Center for Infants and Toddlers

    office: 303-444-0181
    cell:    720-217-2359
    susan@heartandhandsmontessori.com
    www.heartandhandsmontessori.com





  • 9.  RE: injury at childcare

    Posted 08-22-2020 04:35 PM
    My standard caveat: I'm an early care and education professional. Consult with an attorney for legal advice. However, I think you may have parents read and sign off on any "no liability or responsibility" statement, but if we are found to be negligent in our care (including non-compliance with supervision requirements of licensing regulations), we will be liable. It will not matter what statements we include in our handbooks or agreements that parents sign off on. We are professionals and ultimately we are responsible for ensuring a safe environment for children including safeguarding that no equipment or furniture (e.g. a rocking chair), or even other children, pose a hazard or health & safety risk to children in our care. That's my 40 years of thought and practice for what it's worth.

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    Alan Guttman
    Baltimore MD

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  • 10.  RE: injury at childcare

    Posted 08-22-2020 06:58 PM
    No matter how safe you prepare your environment with child safe devices, children will have injuries. Parents should be prepared to pay expenses, e.g. a child falls sideways off a toddler pedal bike, it's up to the parents to pay what happens next.

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    Susan Smith
    Director
    Heart and Hands Montessori
    Lafayette CO
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  • 11.  RE: injury at childcare

    Posted 08-23-2020 12:37 AM
    Licensed programs in Kansas are required to carry accident insurance. It's about 3.50 per child and is secondary to the family's insurance. If the family does not carry insurance, then it becomes primary. We have only used it a handful of times, but I think it is important in terms of helping families cover medical costs and as a bit of peace of mind for parents who actually read our handbook.

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    Mary Kay Scanlon
    Program Director
    Holy Trinity Early Educaqtion Center
    Lenexa, KS
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  • 12.  RE: injury at childcare

    Posted 08-23-2020 09:50 AM
    We are required by the State of Louisiana to provide insurance coverage for school time injuries, so our handbook states as follows:
    STUDENT INSURANCE PROTECTION: In compliance with the regulations set forth by the Louisiana Department of Education, George Cottage maintains commercial liability insurance and purchases School Time Accident Insurance Protection for each enrolled student. This coverage is in effect for the hours and days when school is in session and while attending school-sponsored and supervised activies on the school premises. This policy provides payment for usual and customary medical expenses incurred for treatment of injury caused by a covered accident subject to the maximums and conditons stated in the policy. Parents may also elect, but are not required, to use their own insurance.

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    Holly Dalferes
    Director
    George Cottage at St Martin's Episcopal School
    Metairie LA
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  • 13.  RE: injury at childcare

    Posted 08-21-2020 11:07 AM
    Perhaps the liability insurance declined to pay because there is no evidence the fracture happened at school.  It sounds like the child continued to be fine after the collision for a considerable amount of time, at school and also at home if the parent didn't notice anything for more than ten days.  Has DCFS completed an investigation?

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    Ellen Luna
    Education Coordinator/Site Director
    Brattleboro VT
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  • 14.  RE: injury at childcare

    Posted 08-21-2020 11:30 AM
    Yes they found nothing was out of the ordinary.

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    Dawn Justman
    LeRoyer Child Care Center
    Antigo WI
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  • 15.  RE: injury at childcare

    Posted 08-21-2020 01:35 PM
    Then what I would do is tell the parent that there's no reason to believe the collision and the fracture are related after nearly two weeks, that you asked the state to do an investigation and they said the same thing, and that you're sorry but you're not able to help with medical bills. Does this child not have medical insurance?

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    Ellen Luna
    Education Coordinator/Site Director
    Brattleboro VT
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  • 16.  RE: injury at childcare

    Posted 08-22-2020 01:43 AM
    I'm not a licensed doctor and I don't play one on TV - but - if the doctor that they took the child to did an X-ray, shouldn't the doctor be able to tell if the fracture is fresh or not?  Wouldn't there be some "healing" over the 10 day period?

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    Dawn Chase
    Las Vegas NV
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  • 17.  RE: injury at childcare

    Posted 08-23-2020 07:22 AM

    Ohhh.  Child injuries will happen at centers.  I agree w Alan that you should get legal advice because I really don't think a parent agreeing and signing that "they have to pay for injuries that happen at the Center" will hold up in a court of law.  Yes I would consult a lawyer.

    And I must add - accidents will happen that's a given.  Key word "accidents."  Just a short story had a preschooler always running.  Always.  Walking feet did not mean one thing.  Talking about the dangers of running in hallway meant nothing.  Telling him to run in the gym did not stop him from running in hallways.  Talked to Mom to help us help him.  Then one day it happened!  Running down hallway and of course by now those positive words were not working and the teacher didn't say stop running but just "STOP ____ right now!"  He didn't, ran around a corner and collided with the food cart!  Big bump on head.  Ice applied, called Mom, completed report.  While the Mom did not take him to urgent care she did try to place the blame on us!  Don't you just love the parents 💕!



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    Annette Bridges
    Owner
    Ready Child Ready School Consulting
    Louisville KY
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  • 18.  RE: injury at childcare

    Posted 08-24-2020 10:01 AM
    As a former registrar, I used to stress to providers how important the daily health checks were and that they are done when the child arrives - even waking sleeping babies upon arrival. Don't know if that is the same in your state, but in New York, it is a requirement and helps protect the child as well as the provider.  If the daily health checks can show that the child was acting fine all along and then after returning to care Monday morning following a weekend, it may help support your view that the problem did not start in day care.

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    Christine Wigren
    Jamestown NY
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