Broken Arm at Daycare

They are insured.. and it did happen there.. so submit the bills to them. Tell them in the future she may need surgery and if so... they will be responsible. My son broke his arm at kindergarten... he fell off the jungle jim.. - he actually came home, told me it hurt.. and I could see it didn't look right.. he never told the teacher.. he was afraid to tell her.. My insurance covered it all but the school said they would pay if need be.. He of course went back.. because he fell off something.. it wasn't like he was pushed of they weren't watching him.. he was hanging on .. and let go.. and fell. things happen. How did it happen to your child?? she or he is a lot younger and they should have been watching them closer... I could see a bump or bruise.. but a broken elbow is more serious.. did they call you .. did they explain what happened?? are you happy with what they told you? as for you paying when she is out.. that's crazy since she is out due to them... not just out cause she has a cold.. Make sure you document everything.. and maybe you might need a lawyer because in the future she may need surgery??? Call the daycare and talk to them about everything.. good luck.. children are the most precious gift we have..

Hi P.,

I'm not sure about having the daycare pick up the medical expenses but they should give you a break on the tution since this did happen in their care they should be responsible for her not being able to attend while she heals. I would talk to the director and also I would read you contract that you signed to make sure there is nothing in there that would tell you that if your child is injured and out of a long period of time. Some daycares have done that were if you child is hurt and out for a long period of time your expected to pay to hold their place. I would talk them.
L.

So sorry to hear this news. This happened to one of the kids in my son's class a few months ago. All the kids were 3, and the child broke his leg on the slide. It was horrible, and he was in cast from thigh down. He didn't attend school during this time, although his mom brought him from time to time to visit with the class and she stayed as well, but she also has other children attending the same school. He returned to school once he was out of the cast and all healed. I'm not sure about the medical bills, and who paid for what. However I do know that the school did not charge her for the months he was out. I think it's just the right thing to do in your case. I would say have a conversation with the director, and hopefully they will offer this option on theur own. Good luck to you.

First, is the fracture displaced (bones are out of alignment) or non displaced (bones are in their correct places just apart)? If their displaced it's much more serious. Second, is it through the growth plate? Again if yes, it could effect how her arm grows. I would make sure that the day care pays for all bills. She was in their care. And if she needs surgery or any therapy, those bills will rack up quick. My daughter broke her arm at 16 mos. She was in a cast from her shoulder to her wrist. We where very luck it was non-displaced and not through the growth plate. But those are questions that you need answered. I would consult a lawyer. Many do consultations for free or very little money.

Accidents happen and your daughter could have just as easily fallen at home or at the park. I wouldn't sue to daycare for a simple accident. My daughter was playing at a neighbor's house and fell off a 2' high box breaking her elbow. Could have done the same thing at home. Sue my neighbor? No way.

Submit your medical bills to your daycare provider's insurance and let them know that her injury could require additional medical procedures. If your daughter isn't in pain and you are sure that she wasn't injured by anything the daycare did then yes send her back to daycare so she can play with her friends and get back into her routine. The less of a big deal you make out of it the better she'll be.

When my daughter broke her arm it broke into the growth plate so her pediatrician had to keep an eye on it at every check up to make sure both arms were growing at the same rate. I think they did an xray for the first year or two just to make sure. Everything was fine and she didn't require any further surgery.

Hugs to your family. I'm sure it's been hard to deal with this type of an injury expecially at daycare. Just remember it could have happened anywhere.

Hi P.,

First I would like to say sorry for your little one breaking her arm. I own a childcare center and fortunately no one has broken their arm at my center, but I have had children attend school who have broken arms. I have one little boy now 20 months who broke his foot at a park and has a cast. It is a challenge because he has to crawl. I had a very long conversation with him mom about the danger of someone injuring him further by hitting into his foot or possibly tripping over him crawling. She signed a paper stating along with a doctors not saying that he can attend daycare so I have allowed him to remain in school. As far as a broken arm and staying dry they make a special plastic cover for showers and baths to put over it so the children bring them in when we do water play and it works out fine. All childcare centers are required to have insurance so I would speak with your director and have them submit any cost that has not be reimbursed by your insurance. I believe you would use your insurance first. I also have a tuition paid despite absence policy which most centers have. In this case since the accident did happen while in their care I would think they would step up to the plate and not charge you in her absence. I would speak with the director and state your case, read your contract. It may just say doesn't release payment for vacation or sickness. This is a different story due to injury. As far as legal ramifications did they give you and accident report signed by teacher in charge and director with a complete description of how the accident happened? Also, are you sure they were within their student to teacher ratio to insure all children adequate care. I am in NJ so for your child's age it should be one teacher for every 6 students if you are in NY I am not sure what theirs is. If they have followed all of the rules stated by licensing then I do not think any legal charges can be brought against them. This really is a matter of doing the right thing on their part. In my opinion I think they should be giving some type of compensation for your daughters pain and the inconvenience due to the nature of absence. I don't think a free month of childcare or at least releasing you of current payment is to much to ask. Good luck!!

I,m really sorry to hear about your daughter braking her elbow. I feel that we have alot in common. My duaghter broke her clavicle yesterday, it was completely snapped in two. To my knowledge it happened by one of the daycare provider's family members pushing and falling onto my child. My duaghter explained that no one there believed that she really was in pain. She the explained that after all the parents picked up there kids, that the dacare providers forced her to raise up her hurt arm, unaware of any injuries. Before doing so emily my 8 year old daughter told them no because it was painful, they forced her to do it anyway. I asked emily where the adults were when this happened? She says that they were in another room watching t.v. I feel so frustrated and lost. Im afraid that I don't know what to do. Do my daughter and I have any rights? Does anyone have any advise for me?

hello i hope your daugther healing okay my son broke his twice its was scary

It's always sad to hear when I child is hurting, but you have to remember that they are kids and their job is to play. Most children learn from play and most children have accidents which sometimes lead to injury.
But.....
1.) Do you ask the daycare to cover medical if your child gets sick enough to require medicine from the doctor?
2.) Do you sue the town if your child falls off the park swing and gets hurt?
3.) Do you sue the market if your child fall out of a shopping cart?
4.) Do you sue the mall if they trip and fall and fracture their leg?
5.) Would you sue your childs grandparents if they broke their arm on their property?
6.) Would you sue your husband if your child was seriously hurt while he was caring for them?

Its unfortunate that we live in a world where everyone is quick to sue and ask for reimbursement when it was just an accident. And we truly need to take a moment and ask ourselves these important questions....

1.) When your child is old enough to have friends over will you not allow that because that other child may get hurt on your property and their parents may go after you for money?

2.) Do you home school your child because they most likely will get injured in school or playing a sport?

3.) Do you quit your job and stay home with your child full time because you fear another injury?

childcare providers like myself would love to put all these children in bubbles so they go home perfect. But we can't and we won't. I am certain that they didnt set out to hurt your child that day and I am sure that they will work with you to come up with a mutual decision on payment for the time that she is absent.

And YES a long time ago when my daughter was young she broke her thumb at her daycare providers home. 8 years later she still has complications and has a hard time holding her horses reins with that hand. The doctor told us the type of break she had will cause her discomfort for many years to come and will probably never be 100% again. But not once did i ever sue or ask for medical reimbursment. It was and accident and I left it at that.

I have 11 years in the field of Child Care; teacher, owner/partner, assistant director, director, etc...all businesses must carry liability insurance in case someone gets hurt on their property. Their insurance should pay some of the costs. Especially if the injury requires surgery. Your insurance company may be able to contact theirs to seek payment.

I do however have concerns about the level of care that could allow such a serious injury to occur. At 22 months they should only have 6 children per teacher in a classroom of 12 or less. You didn't really give much information about the actual accident so many of my questions can't really be addresses. What was going on when the injury occured, were they outside and she fell from a tall toy, did she bang it on something, etc...I never had a child get seriously hurt while in my care. What does your doctor say? Is it common for this level of break in a 22 month old? I thought it was supposed to be very hard to break a bone at that age. My arm got broken in 3rd grade by a kickball being thrown at me to get me out. Accidents do happen.

I would say call your local Department of Human Services/Social Services, whomever licenses the child care center and talk to your center's licensing worker. You may also be able to look up on their website to see what the previous inspections have shown. If the center has a good history then I would think with this happening they would be more cautious in the future. If you have been happy with the care then consider taking her back. She is used to her friends and teachers, her favorite toys in her classroom etc....

If your mom wants to watch her and is able to provide good care for her then I am sure your mom could use the extra money. I think if the center has a good reputation and this was just a freak accident then I would give them another chance.
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Just to address the money issue...if you are not taking your child back then drop her, they have to pay that teacher whether your child is there or not. They need to fill that spot to make payroll. Our policy in Oklahoma states that every child must go outside to play every day. Most centers have their own ideas about what that means. If your child can't go outside then keep them at home and expect to pay anyway.