Injury at a creche who must pay

Rozila - posted on 07/19/2015 ( 4 moms have responded )

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My niece was injured at a crèche at about 12, I or the parents where not informed about this, I only found out when I collected her from them. please help cos now I must take her to the Dr and hospital, is this not there respomsibility, who should I contact.

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♫ Shawnn ♪♫♫ - posted on 07/20/2015

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as far as I can see, the only negligence was in the creche not contacting the child's parent's immediately to inform them of the accident. The medical bills will be the responsibility of the parents, unless further negligence can be proven. Unfortunately, she was on a swing, and kids fall off ALL the time. It is an accident, and unless one is talented in predicting the future, no one would have forseen that she'd fall.
If you are not the child's parent or legal guardian, the most you can do is support the parents/legal guardians emotionally in this.

Jodi - posted on 07/20/2015

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It was an accident. They should have contacted you immediately if she had a hit to the head, so you should report them for that - is there an authority that regulates registered creches where you live? However, this does not make them responsible for your daughter's initial injuries and the initial costs associated with this. She could have fallen off a swing in anyone's care and this could have happened, including your own care. The only negligence here is in contacting you for you to seek more immediate medical assistance. It isn't the creche's job to pay for such assistance.

I am a teacher, and if a child gets badly injured through accident at school, I assure you, we will call an ambulance if we can't contact the parents, and they will be liable for all medical bills. Unless we were negligent in the cause of the injury, then it isn't our responsibility. Same goes for your creche. They were only negligent in not contacting you immediately. Unless this contributed to the injuries becoming greater, I highly doubt you have a case.

If your child has no medical aid, this is your problem, not theirs.

Rozila - posted on 07/20/2015

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thanks Jodi

she fell off the swings, bruises on her face and is swollen, took her for x-rays on Saturday, skull is fine but the brain shook abit, she has no medical aid. cries sat night with pain, and she is almost 3years now.

Will the creshe not be held responsible for any medical bills in this case.
should I report this to the police?

Jodi - posted on 07/20/2015

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It depends. What is the injury and how did it happen? If she was needing a doctor, then the parents/carer should be called immediately, but it is the parent's responsibility to pay for the medical care unless you can demonstrate that the injury was caused by the neglect of the creche.

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