Day Care Accidents - who should pay for them???

[deleted account] ( 19 moms have responded )

My son lives with me, but is on his dad's insurance...recently he was "injured" at day care (nursemaids elbow!!) I had to go to 2 different docs, xrays...etc...then the doc had to POP the elbow back into place...would it be right and/or fair to ask the day care for reimburse for any costs the insurance does not cover?!?

MOST HELPFUL POSTS

Jane - posted on 10/28/2009

284

42

42

It's unfortunate that it happened, but like some of the other ladies said, accidents happen, and the teacher acted instinctively and responsibly. I wouldn't like to imagine what would happen if she had of let him fall, and not done the right thing and grabbed him!! If it were me, I would not be holding the day care centre responsible, but just accept what happened.

[deleted account]

Was the accident caused by their negligence? If not, then I would say you are stuck with the bill. Asking them to pay would require a lawyer representing you and you would have to prove negligence on their part.

[deleted account]

I have to TOTALLY disagree with your lawyer as far as what he said about blaming others for simple accidents and condemning others for doing good deeds...I am not at all the type of person, or mother that wants to try to blame anyone for helping my son, because I know it was not intentional...I just was not sure what to do since the "accident" occurred while he was in their care....it is all so confusing...because he should not have been sitting on the outside of the bus seat to begin with...maybe it would have never happened then....but like it or not, it goes with the territory of having a child...dealing with scrapes, cuts, bruises, etc. The teacher involved is one of the nicest persons I have ever met...and I KNOW in my heart she did not mean to do it. I just wanted to see what everyone thought and I appreciate everyones opinions and advice.

[deleted account]

So, this topic has been on my mind for some reason lately. Yesterday, my hubby and I had a meeting with our lawyer and I asked him about it (I had printed out a page with the op and the explination - no names, I promise - along with all the responses). He said that you could try to ask the daycare to pay any uncovered costs, but you would most likely lose AND be ordered to pay attorney's fees for the daycare since any court would most likely consider it a frivolous lawsuit. He said (from reading the post) that it sounds like the dacyare did everything right and would not be held responsible in the court of law.



He also said that it's sad the question was even asked and it just goes to show how much everyone wants to blame others for simple accidents. Questions like this make teachers wonder if they should reach out to help that falling child, but if they didn't they would be sued for negligence. He also said (and I wholeheartedly agree) that questions like this point to a sad state of affairs when people want to condem others for their good deeds (remember that person who SAVED a woman from drowning a few years ago, gave her cpr to bring her BACK TO LIFE and she sued him for a couple broken ribs??? This story is what the laywer equated the question to).



He told me your best course of action was to take no action. He said pay any bills that might not be covered by the insurance and consider yourself lucky that the teacher was there to prevent your son from falling on his head and causing worse damage than a nursemaid's elbow (your son could have seriously fallen on his head or spine just the wrong way and cause severe head trauma, or even worse).



I am not trying to be mean, just real and honest. I went and asked my laywer for you and this was his advice. I really hope you follow it.



I hope your son is feeling better!

Kim - posted on 10/28/2009

5

17

0

Some of the responses are silly. I don't believe the daycare provider grabbed her child's arm to harm him. If she hadn't he would have fallen and then what? Would she be held responsible for a head injury? It was and accident and they happen. The price of having a child and like I said, that is what insurance is for.

This conversation has been closed to further comments

19 Comments

View replies by

Chrissy - posted on 08/24/2011

1

1

0

Yes!!! Nursemaids elbow would be the providers fault! She shouldn't be yanking on your child's arm! And I'm sure another child didn't do it! If she was trying to catch your child who was falling that is another story then no she shouldn't! No matter who's care your child is in they are your responsibility financially,

[deleted account]

Accidents happen. Asking a daycare to pay for every scrape and fall would make them have ridiculous insurance rates causing them to close. What if it happened at home? Would you blame yourself or would you call it an accident?

Tanya - posted on 10/28/2009

6

7

0

Sounds like the teacher would be blamed either way then. Had she just let the child fall instead of trying to stop it, the same situation would probably still have occurred (a trip to a doctor) and possibly with a worse outcome.

Kelly - posted on 10/28/2009

629

1

51

In respons to Krista, public school would be a different story. When my #2 son was in 7th grade, I had to go and get him at school and take him to the ER because another boy came up behind him in the restroom, pinned his arms to his sides, and then somehow managed to get their feet tangled up, falling on top of my son who landed on his face on the tile floor, without being able to put his hands out to break his fall. He had to have X-rays for concussion, his teeth X-rayed, etc. Our insurance paid everything but the $150 co-pay, which I asked the school to cover, but they refused. The thing that bothered me the most about this was that the other boy was a "non-English speaking" student and was never suspended, or even put into in-school suspension. I am not prejudiced, and my kids have many Spanish-speaking friends, but I felt that this boy was not punished simply because it would have been too much trouble to explain it to his parents. Anyway, that has nothing to do with your question, but my point is that public schools don't feel obligated to do much for you, whereas daycare is a for-profit business, and they should have insurance to cover accidents.

[deleted account]

I would say that it was an accident, and the teacher did prevent your son from falling and causing potentially worse damage (he could have hit his head in a fall or even done something to his spine had he fallen the wrong way). I think the daycare acted responsibly and you should not hold them accountable for any bills the insurance does not cover.



Since your son's father does provide insurance though, there may be something in your custody agreement that states that all medical costs not covered by insurance are split between the two parties (I know that's a normal clause for most custody agreements).



I know my children have hurt themselves at daycare (we once had to take my oldest to the hospital because she fell off a stool and hit her temple, causing a small tear in her skin that we had to have "glued" back together in the er), but we have never held te daycare responsible. Daycares are only responsible if the harm was caused intentionally or through negligence. It seems to me that the teacher did what she had to do to prevent your son from hurting himself and unitentionally pulled too hard (a natural reaction, I would think, to the quick action it seems she would have had to take to catch him from falling). I think the teacher should be thanked for her quick thinking and reaction, not put on the spot for medical bills.

Lauri - posted on 10/28/2009

12

28

0

Since reading the full explanation of how this injury occurred-I would most DEF hold the daycare OR the individual that grabbed your son's arm responsible for payment.

Kelly - posted on 10/28/2009

629

1

51

I don't think you should even need a lawyer. When my oldest was not quite two, he somehow fell on the playground at daycare and cut the back of his head. They called us to come and get him, and they recommended we take him to the ER, which we did, but by the time we were seen it had stopped bleeding and the doctor didn't do anything. Anyway, I asked at the daycare if they had insurance to cover the bill and they did (they didn't want to claim it, so they ended up paying the bill themselves). The trick was though, that I didn't pay the hospital bill, at the hospital I told them that it happened at daycare, and they gave me a bill to take to the daycare. Now, that was about 16 years ago, but I would still think they should pay for it.

Angie - posted on 10/28/2009

2,621

0

407

Since it was truly an accident I'd say it's up to you to pay. It wasn't an act of negligence that caused the accident - it just happened. It's the cost of having a child.

Krista - posted on 10/28/2009

4,111

52

265

Nursemaid's elbow is caused when a child has their arm pulled on. It's the most common injury in young children. Sure, it can happen because of abuse (a child gets pulled too hard) but most commonly it's caused by an adult attempting to stop the child from falling. Ask yourself this: If your child injured themselves at school, would the school pay for everything?

Kim - posted on 10/28/2009

5

17

0

Is this person someone you trust? I have to agree with Jennifer. If it was negligence, you should absolutely contact a lawyer and pursue it further. Other wise, accidents happen, thats what insurance if for. It is very hard to find a daycare provider that you can trust and if this person is in that category, she may not choose to watch your child after forcing her to pay for medical bills. Just something to think about.

Tanya - posted on 10/28/2009

6

7

0

You mentioned that your son is on his dad's insurance. Is there an agreement that states that he only has to cover your son and not have to pay any of the medical bills? It doesn't sound like the teacher acted in a negligent manner and it is unfortunate that he was injured. Do you know what type of coverage your son has (deductible, coinsurance, etc)? The office visit should only get charged a copay and as for the xray it of course will depend on the type of plan but it could be applied towards the deductible/coinsurance. I do billing for a medical facility that has an orthopedic department so the xrays should not be that expensive but with being a single mother any amount can really put a strain on the finances. Some daycares carry additional insurance on the children and will usually add that into an annual fee that you pay them. Does this daycare do that?

Jen - posted on 10/28/2009

7

55

1

my guess would be insurance would cover it. but, something like that I couldn't see me pushing the issue with day care. we pay them a lot, but kids are kids and accidents do happen. that sounds like it was just a pure accident.

[deleted account]

The story i was told when i picked him up was that he was sitting on the bus with one of the teachers and another child, my son was on the outside part of the seat and apparently was starting to doze off...as he often does after active play....then i guess she grabbed him, preventing him from falling, and then moved him on the other side of her...then he complained of his arm hurting..would not let ANYONE touch or look at it and believe me...he was in pain...so i can't say it was negligence but they are paid good money to provide care, and he was injured while in there care, so i was just wondering what everyone thought the etiquette should be on this...i am a single mom and don't know how i will get the extra money should the insurance not cover it all....if anyone wants to email me on this ....djl513@yahoo.com please...

Rosemary - posted on 10/28/2009

30

30

0

I think it would be right and you should. When I was three, I had two of my teeth kicked out on the playground when I walked in front of a swingset. My mother did nothing, my teeth were messed up for the rest of my life and because she didn't hold the daycare responsible I didn't get the care I needed. It is good that you have the means to get your child the medical care he needs, but you should not end up footing the bill. I would ask them about it and if they don't want to pay, contact a lawyer immediately.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms