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Would you sue the daycare if your DC fell and needed stitches?

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Mkr09
.....

Member since 5/05

7550 total posts

Name:
M

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by MrsRbk

Kids fall....

Unless it was definately negligence on the teachers part, then no....

Her DC could have fallen at home and had the same outcome.




This is my feeling as well.

Posted 4/26/10 2:17 PM
 
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Bridex100
Two Under Two Mommy

Member since 3/08

10420 total posts

Name:
Momx100

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by MAC222

I feel like there is "karma" when people sue and things weren't that bad.....

Like you're pushing your luck...but that's just me...and a situation I was in once.

How would your friend feel if another baby was at your friend's house, and their baby fell, got stitches, and then sued her? It is an accident....if there was fault of one of the teachers, it may be very difficult to prove..are there cameras that record? How can you find out why the teacher was let go? Could it have been for soemthing else? If the baby is okay, I wouldn't want to push the issue...



I agree. I don't think she should sue.

I was just curious how other mothers feel about the topic. I know kids get cuts and bruises all the time.

Posted 4/26/10 2:19 PM
 

Aries14
Can't plan life...

Member since 8/08

2860 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

no, and to be perfectly honest she would probably be wasting her time. To actually go through with a lawsuit would be far more expensive then what she would get out of it. A few stiches isn't "worth much" in a civil litagation world - (of course this is the legal side of me talking...not the mommy sideChat Icon )

Posted 4/26/10 2:21 PM
 

monkeybride
My Everything

Member since 5/05

20541 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

No way. What is there to sue for? He got hurt. Life happens.

Posted 4/26/10 2:22 PM
 

MaMaTeenie
Party of 5

Member since 4/08

6489 total posts

Name:
Mommy

Re: Would you sue the daycare if your DC fell and needed stitches?

No, accidents happen! I think that is rediculous, unless there is some reason to suspect that they were negligant. I worked in daycare, a boy fell off a clibing toy onto wood chips and broke his arm. We were watching him, he wasn't doing anything unsafe or anything he hadn't done 100 times before. It was simply and accident. My son cut his finger and got sticthes under the watch of my husband and I. Accidents happen.

Posted 4/26/10 2:23 PM
 

KateDevine
*

Member since 6/06

24950 total posts

Name:

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by Mkr09

Posted by MrsRbk

Kids fall....

Unless it was definately negligence on the teachers part, then no....

Her DC could have fallen at home and had the same outcome.




This is my feeling as well.



ITA with this

And from the standpoint of a case, if he is fine, no scarring, then there isn't much of a case anyway. To have a successful PI case you need to have an injury and the negligence.

As for someone being let go, there may be more history behind that as well...

Posted 4/26/10 2:24 PM
 

MrsGmomof3
...

Member since 6/08

3290 total posts

Name:
Irrelevant

Re: Would you sue the daycare if your DC fell and needed stitches?

Unless there is a videotape somewhere showing a teacher shoving the kid out of the high chair and onto the floor, then No...

Why would you sue? The kid got a few stitches, he didnt break an arm or worse.

Posted 4/26/10 2:27 PM
 

asecretmommytobe09
My little pumpkin is here!!!!

Member since 10/08

3369 total posts

Name:
Katie

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by MrsP747

Posted by MrsRbk

Kids fall....

Unless it was definately negligence on the teachers part, then no....

Her DC could have fallen at home and had the same outcome.


ITA



ITA

Posted 4/26/10 2:28 PM
 

ARIELSMOM
Love my Babes

Member since 8/05

5889 total posts

Name:
MEREDITH

Re: Would you sue the daycare if your DC fell and needed stitches?

it would depend on the situation. did the daycare do everything in their power to prevent an injury? was it a safety issue? how did they handle it when the child got hurt? did they call the parents right away?
i would like to say no, however, if i were in the situation and it was my baby with stitches, i might be acting differently. i would do a thourough evaluation before making a decision.

Posted 4/26/10 2:29 PM
 

pickles16
Real Estate Professional

Member since 11/07

17227 total posts

Name:
Jen

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by MrsP747

Posted by MrsRbk

Kids fall....

Unless it was definately negligence on the teachers part, then no....

Her DC could have fallen at home and had the same outcome.


ITA



ITA

Posted 4/26/10 2:39 PM
 

CrankyPants
I'm cranky

Member since 7/06

18178 total posts

Name:
Mama Cranky

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by Salason

Posted by Michelle1123

Nope. And honestly, even if it was there fault because of negligence, I would probably just take my child out of their center and let that be the end of it. Unless it was something much worse than just needing stitches.



I agree with this!



ITA. DD actually fell at daycare when she was just shy of 2. She hit the little table and broke a tooth. Poor thing had to go to her first dentist appointment, get an Xray, etc. It was very upsetting for us BUT it could have just as easily happened at home so I don't blame them.

Posted 4/26/10 2:40 PM
 

MST9106
My life:)

Member since 6/06

9589 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

Sue? It was obviously an accident...accidents do happen and will happen in the future.

Posted 4/26/10 2:40 PM
 

babydreams
YUMMM

Member since 5/06

1687 total posts

Name:
Me

Re: Would you sue the daycare if your DC fell and needed stitches?

No, I would not sue. This actually did happen to my son and he needed stitches on his face, but I know this can happen anywhere and there was no negligence on their part and they handled the situation perfectly!

Posted 4/26/10 2:43 PM
 

Goldi0218
My miracles!

Member since 12/05

23902 total posts

Name:
Leslie

Re: Would you sue the daycare if your DC fell and needed stitches?

Abby fell down a minislide the other day and her face was scraped up. They called me at work to tell me so I did not get there and freak out. I asked if she lost consciousness, they said no. I said fine. Ill see her later.

Would I sue if she needed stitches? probably not, but if I found out they were out of compliance in terms of ratio, I would consider some sort of repercussions at minimum being a report to the governing office who audits them.

Posted 4/26/10 2:49 PM
 

FrankiesGirl107
My Girls

Member since 12/06

3642 total posts

Name:
Amee

Re: Would you sue the daycare if your DC fell and needed stitches?

Probably not. Unless DC fell off of some broken piece of equipment or they were engaging in some dangerous practice that led to the injury...

But in general, for just an honest-to-goodness accident, no.

Posted 4/26/10 2:51 PM
 

browneyedgirl
family is all that matters

Member since 6/06

6513 total posts

Name:
browneyes

Re: Would you sue the daycare if your DC fell and needed stitches?

sue? seriously?

DS fell down 4 stairs a few hours ago RIGHT in front of me. i was standing there to "check" him. clearly i couldn't move fast enough. was i negligent? HECK NO! it was an ACCIDENT. i felt terrible, but there was nothing i could do--i was right in front of him and i couldn't do anything!

accidents happen. negligence would have to be SEVERE and even then--suing isn't the right answer. reporting the day care, maybe.

this country is so freaking sue happy it's ridiculous

Posted 4/26/10 9:06 PM
 

Domino
Always My Miracle

Member since 9/05

9922 total posts

Name:

Re: Would you sue the daycare if your DC fell and needed stitches?

Ok...I will be the only yes/perhaps. i work in the legal profession. A 13 month old is having stitches? Will there be a scar? Unlike what a previous poster said, there is no cost from a personal injury lawsuit point of view. No harm in consulting with an attorney. they'll let you know if you're wasting your time or not.

Posted 4/26/10 9:32 PM
 

Kerie-is-so-very
versatile!

Member since 5/05

13535 total posts

Name:
K

Re: Would you sue the daycare if your DC fell and needed stitches?

It depends on the circumstances and I think that when push comes to shove, any one of us would want to know what happened and then we would decide from there. If we could not find out exactly what happened, we'd at least be suspicious.

Message edited 4/26/2010 10:08:55 PM.

Posted 4/26/10 10:08 PM
 

PrincessP
Big sister!!!!!!!!!!

Member since 12/05

17450 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

Never.
This wasnt intentional. Kids fall, things happen. If by chance she totally had no insurance I might think *maybe*.
I think she should use her insurance for this "accident" and continue with the childcare.

Posted 4/26/10 10:14 PM
 

Stacey1403
Where it all began....

Member since 5/05

24065 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

Day Care centers have insurance and they will cover any out of pocket costs that your insurance doesn't cover. Usually the Dr/ER will let the parents know this as soon as they hear it happened in day care.

I am obviously biased and of course wouldn't sue, but if their was any kind of negligence on the part of the day care I would certainly make sure the guilty parties were reprimanded and that it was reported to the OCFS if necessary.

Posted 4/26/10 10:24 PM
 

CunningOne
***

Member since 5/05

26975 total posts

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Re: Would you sue the daycare if your DC fell and needed stitches?

No.

What would she be suing for? I mean, really, everyone is so sue-happy, it's not funny... If she has insurance, I am sure she wasn't put out too much monetarily. IS the child suffering from lingering effects?

Posted 4/26/10 10:54 PM
 

SweetTooth
I'm a tired mommy!

Member since 12/05

20105 total posts

Name:
Lauren

Re: Would you sue the daycare if your DC fell and needed stitches?

no I would not

Posted 4/26/10 10:56 PM
 

Tine73

Member since 3/06

22093 total posts

Name:
*********

Re: Would you sue the daycare if your DC fell and needed stitches?

No way!

Kids fall - it's part of growing up. It's awful that that happened but it could have easily happened in the mother's care as well.

Posted 4/27/10 12:28 AM
 

Xelindrya
Mommy's little YouTube Star!

Member since 8/05

14470 total posts

Name:
Veronica

Re: Would you sue the daycare if your DC fell and needed stitches?

Posted by eddiesmommy

No, unless there was some major neglect involved, like they left him in a high chair or swing unstrapped. If he fell as a result of playing....no, these things happen. I would however expect their insurance (and it does) cover any medical expenses or deductibles, co-pays not covered by my insurance.




ITA

God help me No I would NOT sue. I think that's just annoying. Sure I'd be upset my kid was hurt but these things happen. They'd have to have done something SUPER stupid for me to sue. I mean so bad that a few stitches was the LUCKY outcome of the incident that could have been so much worse.

Posted 4/27/10 8:43 AM
 

cjik
Welcome 2010!

Member since 2/06

8879 total posts

Name:

Re: Would you sue the daycare if your DC fell and needed stitches?

I only would if I discovered negligence caused him to fall, and by that I mean there were no caregivers in the room which is pretty unlikely.

People are lawsuit happy. I might ask the center to cover his medical expenses if they were not covered by insurance, but that's about it. These things happen in the blink of an eye and the providers cannot always prevent every accident.

Posted 4/27/10 9:10 AM
 
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