Negligence by daycare?

Britney - posted on 05/03/2013 ( 28 moms have responded )

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My son is 3 yrs old. i dropped him off at daycare on Wednesday after a dentist appointment. the owner was there but not his regular teacher. so i explained what was going on with my son. well the owner left at 3:30 and left my son with another teacher. they went outside at 4:45 to play on the playground. i arrived at 6 to pick him up and he was sitting at a desk with his head down. (which is completely unlike him) when he saw me he immediately started to cry. so i picked him up to comfort him and find out wht was wrong . when he calmed down he told me his arm hurt ( the left one) i asked what happened he said he fell off the slide. well the teacher he was with ( who is supposedly a nurse) says he didn't fall i was out there the whole time. timeand i looked at his arm theres nothing there but an old scratch. so she grabs his arm and started twisting it all over saying look theres nothing there. my sonat this point is screaming. i told her to take her hands off of my son. i collected his things and left. i tried to look at it but he wouldn't let anyone touch it. i gave him some Tylenol he started to move his hand a bit. Well when we got home and i finally got his shirt off his left elbow and upper arm were completely swollen and bruised. i immediately took him to the ER. they took xrays and said it was nothing more than a " Nurse Maids Elbow" . Well after 2 doctors and 3 attempts to pop his arm back it it didn't pop. So they wrapped up his arm and said after the swelling goes down it should pop back in on its own. Well the next morning my son went to school and I told all of the teachers that my son was NOT to be in that teachers classroom. At 11:30 the ER calls me and said that the head radiologist looked at my son's x-rays and that there was entirely to much fluid and swelling in his elbow for it to just be dislocated. That there was probably a fracture in the joint. And that I needed to bring him in to get a splint and sling. And take him to a pediatric orthopedist. About ten minutes later the owner of the school calls me and says he had a meeting with the staff and that my son's injury didn't happen there. And then proceeded to tell me that he was there until 3:30 and my son was fine. So I'm assuming that if he left at 3:30 and my son was fine and I picked my son up at 6 and he wasn't fine then unless they ILLEGALLY let my son leave the school with someone and broke his arm and brought him back before 6 when I got there then it happened at school. The owner took statements from all of the teachers ( which I can not have complies of b.c. they don't pertain to my son even though they "supposedly" tell what happened to him) and he stands by them in saying that it didn't happen there. To make matters worse the school then called DYFS on me b.c. of my son's arm..... I'm at a complete loss for words. I understand children fall and get hurt but for them to deny that he even fell and then let him sit in pain for over an hour is ridiculous. The said my son was writing with his left hand and everything(he's right handed). My son says that he told the teacher... which she denies... but said she checked his arm.... and when everyone asks him what happened he says he fell from the slide... if he was lying his story would have changed a million times he 3.... I just don't know what to do.

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Erna - posted on 05/09/2013

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I run a daycare and yes kids can get hurt and teachers do not always see exactely what happens...but to have this attitude ...is soooo wrong...i would certainly advise another school...it would take a lot from a 3 year old to say he fell of a slide....so i believe him....and none of the staff...no integrity what so ever....new school immediately.

Sherries - posted on 05/06/2013

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When my son was 4 he fell off the slide at his daycare center. They we're wonderful to him, called me right away told me what happened. Even though the teachers had not seen it happened they believed him. He was 4! Had to take him to the ER, he cracked his elbow, in a cast for 6 weeks. The daycare paid all expenses and even paid for a waterproof cast since we were heading to Disney for a week the day after he fell. Sounds to me like the daycare doesn't have the proper teacher to child ratio or insurance to cover issues like this. I would say get a lawyer, file a police report, make sure you have all of your records from the doctors visits. I would also see if you can get a written report from the emergency room stating that it was not an old injury it happened that day. Also, let him know he did nothing wrong, that the teachers at his school should have taken better care of him. In regards to the DCFS thing, you should make sure to file a counter on that so they can send the state into the center to check procedures and such. If you have friends that have their children there I would warn them. Next time it might not be a broken bone. Good luck.

Cindy - posted on 05/10/2013

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It makes you wonder how much of the damage was done by the teacher when she 'checked' his arm. Sounds like she was pretty rough.

Mommy - posted on 05/08/2013

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You also have proof that he was fine earlier in the day because when he went to the dentist he did not have the injury....so maybe get some testimony from them.

As far as the daycare, don't ever bring your kid back there. My daughter had the same injury at her sitter's, but when it happened to my daughter the sitter called me right away to come get her, and held my daughter and soothed her until I got there. The sitter admitted that she did not think there was anything wrong at first because she didn't see any marks, but saw as the time went by my daughter was reluctant to use that arm...then she called me. I was ok with that response, because she isn't a mind reader, but was careful to tend to my daughter when she suspected there was a problem. I can't believe how dismissive and hurtful that "teacher" was to you and your son!

I would file a report against them with DYFS and the police. Who knows who else they have been neglectful to.

♫ Shawnn ♪♫♫ - posted on 05/03/2013

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I know, and you did well to not clock her one right there, Brittany!

Keep your chin up! And keep pursuing action against them...it sounds like they may be operating a little shadily anyway...

28 Comments

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Julie - posted on 07/24/2014

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I walked in to LIL RASCALS SAINT JOHN INDIANA at the time my 4 year old son's daycare to screaming. I soon recognized it was his screaming & saw him screaming & squirming in a chair with blood on his shirt & his hands over his mouth. The teacher was standing over him trying to complete "pasting circles" on his blood covered worksheet.
Come to find out, he was given adult size scissors and unsupervised with their use before cutting his mouth! He wasn't given ANY medical attention, no phone calls, no ice packs, no paper towels...NOTHING! I took him home immediately & when I called to talk to the owners, they treated me horribly & said I didn't know what I saw with my own eyes. I forced the incident report they said they file "in their manual". I withdrew my son from the school immediately & obviously won't be sending any more of my children there if they neglected my child & can't follow the protocol of their own damn handbook OR have the decency to aid a wounded child after giving him adult scissors unsupervised. The owners final comment was "no hard feelings". God has a way of vindicating his own people...others call it karma.

Rsm238 - posted on 10/29/2013

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Hello, Why nobody listing the names of the day cares? Other parents could see it and avoid placing their kids there. We need to know.
My child fell in the bathroom and cut his chin open and got 6 stitches, and day care "Islander’s Kids Learning Daycare Center" din't even care too. They don't even want to refund money for my son's absence. He was absent because of their negligence, and still we have to pay. Plus my son will have scar for the rest of his life and he is only 3.

ACura - posted on 05/20/2013

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been there, pay a lawyer to retain to write threatening letter and use lots of legal jargon. Scared the crap outta this daycare my 2 yr old was at. They comped the rest of the school year and I was just scaring them never was gonna sue them but I explained to lawyer that I wanted the owner to pee their pants.

Dana - posted on 05/13/2013

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At bare minimum, this teacher the owner left your child with should have known your child was hurt. If he was not with the other kids, and he was sitting at a table with his head down, somebody should have asked him what was wrong. That burns me up!!!! Maybe it did happen at home & was just starting to really hurt. Maybe it happened while the owner was there, and it didn't start hurting until he left your son with the teacher. SO WHAT???? Somebody should have noticed that something wasn't right with your child and tried to find out what was going on!!!! This daycare is more concerned about being liable for his injury than they are working with you to find out what happened to your son. I would find another daycare provider for that very reason. Find a provider that truly cares about the kids. And your child.

Patti - posted on 05/13/2013

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I am a child care provider and what these people did is not acceptable. I would never do that to a child or parent. When children get hurt, they need to be treated immediately and the parents are to be notified. If they are truly licensed, they also need to report the incident to licensing. You should not take your child back there. There are tons of true daycares that are truly concerned and care for children and their families.

Britney - posted on 05/13/2013

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I'm glad to hear that you are taking legal actions. I hope that everything works out for you :) and I hope your little man is feeling better!

Britney - posted on 05/13/2013

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I would be getting a lawyer and finding out what legal actions I can take against them so that this doesn't happen to someone else's child. This isn't right, and I believe that they are completely at fault and should have to deal with the consequences of being negligent. Daycares are suppose to be something you can rely on and trust. I would never take my son back there and I would make it public knowledge in my community that this not only happened, but was allowed and then lied about because incompetent people were left to take care of my child. I'm sorry that that happened to you and I hope that you are able to rectify it.

Rachel - posted on 05/12/2013

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u did right girl! my girl had a similar incident in her last daycare too, but thankfully no fracture, but her elbow was definitely "pulled". the teachers and principal denied everything and refused to pay for the medical bills from the doctor visits and x-ray. it was so upsetting. but down here, a place in the daycare is more difficult to get than finding a needle in the hay, so after kicking up a fuss she still had to stay on there till we found a place in another centre. then the second incident happened where she come home covered in rashes and again they denied seeing anything at all. argh! so glad we got out of there!

Angela - posted on 05/12/2013

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I'm so glad u didn't just go to another day care. Too many parents just forget about it and move on. Thnx for helping keep all of our kids safe.

Helen - posted on 05/11/2013

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I am SO glad you have him going to another daycare - yes, like you say, children hurt themselves, but the attitude is well out of order!

I hope that your son is on the mend soon and this doesn't put him off being adventurous!

Britney - posted on 05/11/2013

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The first x-rays didn't show a clear fracture. Just a lot of swelling. But the second set showed it clearly

Britney - posted on 05/11/2013

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His elbow was never dislocated ... the hospital believed it was and tried to pop it back in the next day they called me and told me itbwas fractured and that I needed to bring him science in to have it splinted. He's now in a full arm cast. His injuries are not why I am upset. Kids fall they break bones. This could have happened if he were with me. But the fact that they're denying it even happened is what's p. Me off.

Melissa - posted on 05/11/2013

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Also, I completely agree with removing your child from that daycare. Your child needs to know you have his back and will do whatever it takes to keep him safe. Plus since you can't get an accurate picture of what happened or who is at fault, the trust relationship is broken. I wish you and your son a full recovery. Also, a dislocated elbow is common in children due to loose ligaments. and once it has dislocated once, it is more likely to occur again. Tell the new daycare to avoid holding that hand or pulling that arm. The doctors I saw said children outgrow the risk of reinjuring by age 6.

Melissa - posted on 05/11/2013

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I have just experienced a second daughter having a nursemaids injury. I was the person with whom it happened for both girls! It on separate occasions. But it happened the very same way.

When holding my daughter's hand walking side by side, they each dropped to the ground in toddler tantrum fashion refusing to go wherever we were headed. Because I didn't go down with them, their dead weight pulled on the hand I was holding. Apparently, VERY classic for causing the elbow to dislocate. When it happened to my first daughter, I didn't know or recognize the injury. It was so late and she was so tired and crying anyway, I didn't distinguish the pain crying. I slept with her. She didn't move all night and was still guarding her arm, not using it. So I took her to ER immediately. With my 2nd daughter, I recognized immediately what happened and headed to ER and
had it fixed within an hour.

I share this because a fall from the slide may not have happened, or may not be what caused the injury. If he did fall AMD an adult picked him up by one arm, or some kind of adult action of pulling on the arm without child's cooperation sounds more plausible for causing that kind of injury. Go back and ask if there was any innocent teacher trying to assist your child getting up from the ground, or if there may have been a tantrum type drop like my daughters did with me. It doesn't have to be malicious behavior to cause that common injury. I know I would be devastated to be accused of mistreating my girls, but this injury happens. The greater issue is when did the fracture occur? Before or after the elbow dislocated? Ask the doctor if they can weigh in on that question.

Florencia - posted on 05/10/2013

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Wow ppl amaze me sometimes. Are you sure she didnt cause more damage twisting his arm abt? They need to just admit tht they possibly didnt see it because theres alot of kids to watch and you cant catch everything. I hope your little one is feeling better and they get what they deserve. They scarred your poor boy mentally and emotionally and possibly physically, i cant believe these people work with kids. I hope everything works out in your favor.

Britney - posted on 05/09/2013

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UPDATE: my son's elbow IS fractured and he's in a cast for 3 weeks and a sling for another 3 weeks. I am doing everything in my power to make sure they add held accountable. I talked to my lawyer and he is completely confident that we have a case and I DYFS and made a complaint so they are being investigated by them AND I called the better business bureau.... so we shall see what comes to the light...
And he's enrolled in a new daycare.

Lee - posted on 05/09/2013

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SUE, SUE, SUE... Those people showed no remorse, mistakes do happen, the teacher should have acknowledged her mistake and acted like a sensible and reasonable adult towards the poor boy in agony then this matter should have been less complicated. They seem to me like child abusers than child minders. Who knows how they treat children upon parents leaving, they seem to me like confident crushers than confident builders and this stage of a child is very crucial as it establishes a child's self- esteem. No parent anticipate his/ her child to have low self- esteem. My Dear, sue them for negligence!!!

Shining J - posted on 05/05/2013

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I agree, I would contact an attorney and the police and file a report. This is out of control. I would not put up with this or take your son back there. Who knows what they would do to him after all this. Sorry this had to happen, but if they had been up front with you; you wouldn't be having to take these steps. What is the ratio of children to teachers there by the way. Seems to me they do not have enough adult supervision.

Britney - posted on 05/03/2013

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This is by far one of the most upsetting things I've had to deal with. The fact that they deny it is what's making this worse. Kids fall they get hurt ... but for my son to have sat there in pain there is no report no one called me. To act like it never happened baffles me. Even if the teacher didn't see him fall that does not mean he didn't. Nd he obviously complained to he b.c. she said she checked his arm earlier. It makes me sick to think about what pain she put him in the first time she checked it if she was so forceful when I was standing infront of her.

♫ Shawnn ♪♫♫ - posted on 05/03/2013

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Ditto what Dove said.

And although I hate to say it, you may want to retain an attorney. Even just having one contact the daycare may put the fear in them to quit hiding what happened.

But, you certainly have a proved complaint against the one "nurse" who manhandled the poor boy, and even if they continue to claim it "didn't happen there", she most certainly aggravated the injury, which is cause for a charge.

Dove - posted on 05/03/2013

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Go as high up in the school as you can... if you've gotten as high as you can with the school and they are still not taking responsibility... I'd contact the police and see about filing reports... and possibly going to the media.

I would absolutely under no circumstances take your son back to that daycare.

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