Last week I received a call from my 7 month old sons daycare, they said he had fallen off a changing table and just wanted me to know. They stated that he seemed fine but I went with my gut instinct and picked him up and took him to the ER .... where they informed me that he has a fractured skull and concussion... He has received medical treatment since then and we are home now... what would you do and what are my rights?
(10-26) Thank you all so much for your advice it has been much help! Garrett is doing well and I am now staying home to take care of him. We have gotten a lawyer to make sure the proper measures are taken. And child services has gotten involved to investigate the day care.
There changing table is 34 inches high with a tile floor. and also has straps which really gets me... why wasn't he strapped in? The paramedics informed me that if they would have called them they would have had him air lifted. It is a church daycare so I have also found out that they are exempt from being licensed. I hate the whole thought of suing a church but then again he is my son, and they did screw up.... =/
More Answers
B.C.
answers from
Joplin
on
Goodness gracious...your son did not have an accident...someone was Negligent. I worked at for La Petite and I am telling you rule number one was NEVER take your hand off a child when they were on a changing table! I would contact the director of the center and tell them they are responsible for the medical expenses and Honestly I am not sure I would take my child back...accidents happen to be sure...but this? I would not be able to ever trust them with My child if this could happen. If they Deny that they are liable I would speak with an attorney.
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S.H.
answers from
St. Louis
on
while church daycares are exempt from being licensed, they can be shut down! I worked at a Mothers' Morning Out program which was exempt, but was shut down for inadequate staffing & training. There were days when we'd have 15 kids under the age of 3 - with 3 or 4 of them infants.... & only 2 staff members. It was a nightmare & I didn't stay long!
Accidents can & will happen, but #1 rule with diaper changes....you keep one hand on the child at all times. Hope all goes well for you & your family.
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K.B.
answers from
Harrisburg
on
I would be in a rage! If this is a center I would contact the director immediately. There are safety procedures in centers! If this is a home daycare, they have to be trained to get a license. I would call a lawyer and the better business bureau. What if your son were killed and broke his spine? I would want to know exactly who was in charge and talk to that person face and face and I would demand that person be removed (fired) and have the entire center retrained in safety procedures and have it inspected! This is no game. If this would have happened in your own home and you walked away from the table without your child strapped in and he fell and fractured his skull... imagine how fast the hospital would have called Social Services. So why should daycare be held to lesser standards. We don't know if this injury will have later problems or not. I pray it does not! Attack this full force by calling a lawyer and the authorities.
Every mother's nightmare.... I would contact the department of health and human services and child protective services. This has to be reported. They will tell you what your rights are. Every child has accidents, but this sounds like pure negligence. I hope he recovers quickly.
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S.P.
answers from
Los Angeles
on
Fractured skull and concussion is not just from falling off a changing table. And how does a child fall off a changing table? And is the changing table on a concrete floor rather than a carpeted area?
"seemed fine"?
Good gut instinct, mom!
Call an attorney immediately.
=========================================
HOW IS YOUR SON?
HOW IS HIS BEHAVIOR?
Prognosis?
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S.B.
answers from
Dallas
on
I would make sure that I take my son to a pediatric neurologist for follow up evaluation on the injuries that he received. And continue to follow up as they recommend so they can evaluate him at different milestone levels. I hope your son is going to be just fine. You probably do have some legal rights and protection-do what you need to do to protect your son's health long term.
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L.A.
answers from
Austin
on
Yikes! I am so sorry this happened. Is the Hospital going to file the report with the state? I think you also need to file a report with the Arkansas state license board of daycares. They need to have a record of this.
I would also let your medical insurance company know that this happened at a daycare and they can decide whether to sue them for the cost of the medical care..
And of course file an injury accident report at the actual daycare so they can contact their insurance company..
Consider speaking with an attorney to make sure if there is further medical or care treatment needed, the day care will have to provide the financial payments for this. .
I am sending goo d thoughts to your son and your family.
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C.O.
answers from
Minneapolis
on
Oh my god! Not take him back to the daycare. Report this accident to whatever governing office regulates daycares. This needs to be on their record. Your poor baby!! And they said "oh he seems ok". Damn!
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M..
answers from
Youngstown
on
OMG! Reading your post gave me chills. I am so sorry someone let this happen to your baby. How in the world does a daycare worker let a baby fall off a changing table?? Are they employing morons??!
If I were you, I would be livid! I would call anyone who would listen to me rant. I would call the church, the daycare administator, all the other parents who take their kids there, the attorney general, a lawyer...etc. You really need to sue them. You need to insist that the person who let this happen be fired because they are not capable of taking care of children. You need to warn the other parents that their kids are in a substandard daycare. This could happen to another child, and it could have a worse outcome.
I really hope your baby is ok. Give him lots and lots of cuddles. Good luck to you and keep us posted.
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A.G.
answers from
New York
on
I will consult a lawyer immediately, take photos right away of any visible injuries, keep all medical records, write any and all timeline you remember right now, you will know your rights from your attorney, pls consult one. God forbid there are lasting effects from this, you at least would want compensation to pay for future medical bills for your son. Good for you for taking your son to the ER regardless of what they said, how would they know if he was okay.
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A.W.
answers from
Seattle
on
I am sure they must have some kind of insurance if they are operating a day care. They should provide you with this information. I would contact the church administrator immediately and find out.
I have never known that a church providing daycare doesn't have to be licensed or insured.
I am hoping that you do have medical insurance, If so, make sure they know that this accident occurred at the daycare. They will go after them for reimbursement.
I am so sorry that happened to you and your son. very scary.
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S.R.
answers from
Los Angeles
on
Contact an attorney and sue them. (I understand your apprehension but you're not really suing the church but a business that operates in their building.) What happened to your son was inexcusable and could have been worse. By filing a lawsuit of negligence against them you are not only looking out for possible future medical costs for your son (which hopefully that will never be the case) but you will guarantee a complete restructuring of that daycare and possibly save the life of an innocent child. I'm so very sorry you had to go through this.
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J.K.
answers from
Sacramento
on
Wow... well, first of all strapped in or not. You never take your hand off of a child for a second when they are on a changing table... not for any reason. Exempt from licensing? How can that be...? Different states have different regs, but I would check into exactly who over sees this daycare. There has to be someone that you can report to. And whomever that someone is, the daycare has to report this accident to them as well.
I hope your baby is ok, and I am so sorry for what you must have had to go through.
Blessings, E..
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D.F.
answers from
Boston
on
OMG!!! My heart just jumped out of my chest. I am so sorry this happen. I would def call police and report. Then I think I would be going to court.. Your poor baby. I feel for you. I am sorry but why wasnt he being held or strapped in. I dont care if it was a church. They have insurance.
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A.K.
answers from
Minneapolis
on
Not only did they screw up ONCE (by not preventing him from falling off the table) they screwed up TWICE... by not seeking medical care for him immediately!
I would contact social services and a lawyer and sever all ties with this church.
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C.A.
answers from
San Francisco
on
Sue them: for goodness sakes, they did not do the 'right' thing and you don't know if your son will need additional medical coverage that they should pay for.
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K.H.
answers from
New York
on
I agree with others who have said that the daycare was negligent - they know that they have a high changing table and that a baby moves around and will not stay still on a changing table. Who would ever step away and allow the baby to fall? I hope that at the very least, that person was fired. At the most, I think that the daycare should be shut down if that is indicative of the quality of care that is being provided.
I am so, so sorry to hear what has happened and I hope that you are able to find alternative daycare for your baby boy and that he fully recovers.
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P.G.
answers from
Dallas
on
Just because they're a church, doesn't mean they can break rules and get away with it. It may have been an accident, but if they weren't doing things right, they need to fix that. And they need to pay your medical bills. So I would report them as if they weren't a church so they take care of what they should.
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J.T.
answers from
Oklahoma City
on
SUE!!!!!!! As a parent you are protecting your child! I had a son pass away while in the care of a home daycare because of a bassinet collasping and we are sueing!
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C.B.
answers from
Lake Charles
on
I would definitly talk to a lawyer or someone as such. That is very serious and your son could have died if you had not went with your maternal instinct. OMG!! Im completey freakin out. I would have went balistic if that was my child. that daycare would not hear the end of it... Go to a lawyer sweetie.
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L.M.
answers from
Chicago
on
I'm sorry about what happened. I hope your son is doing better. Keep us posted.
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R.D.
answers from
Kansas City
on
Sue them. Whoever took their hand off your baby while changing him should be fired at least, and should never be able to work in daycare ever again.
A fractured skull is something that will effect him for the rest of his life. A concussion IS brain damage. (http://ow.ly/2YHE5) If he ever falls or gets hit in the head again (even with a Nerf ball), more damage will be done. What if there is permanent damage? You may not know for years! Find a specialist. I would get him to a neurologist as soon as possible - a pediatric neurologist if you can find one.
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B.C.
answers from
Dallas
on
Oh my God! Report them! They should be paying for any medical bills too! What a horrible thing to happen to your baby! I'd call an attorney asap and see what needs to be done.
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M.P.
answers from
Texarkana
on
Call the Dept of Human Services today! Find out who it is that visits daycares in your area and keeps them open. (There is always a person assigned to this for the state.) Tell them what happened. File a report. Changing tables are required to have a strap to keep babies from falling. Then I would present the ER bill to the daycare owner. If he/she isn't willing to pay it, your next step would be to hire a lawyer. I am not for suing people for any and everything, however, you have a legitimate case. Good luck!
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R.K.
answers from
Boston
on
I hope your son is okay :(
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L.G.
answers from
Detroit
on
OMG-- i couldnt imagine..
yes id do something! im not sure what..
and WHY is a church exempt from being licensed!!! they are still taking care of kids!! thats friggen crazy to me.
id take my child out of their care too!
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J.G.
answers from
Oklahoma City
on
Since it is a church daycare, I would contact whoever is over the daycare and request they pay his medical bills. Are you planning on changing daycares now? If possible request disiplinary action be taken against the person who was with your son. If you need to, you can sue the church but I understand feeling about not wanting to. I really hope things work out for you and am glad he's doing ok.
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A.C.
answers from
Fort Smith
on
Well the first thing I would be asking is why and how did he fall off and if there is safety belt on that table you have every right to go down there and ask questions see I work in a dayhab day service center when something happens we have to write a report out that has to be signed three times once by the teacher filling it out then by the lead teacher then by the day care manager it was a good thing they did call you I would also inform them of your child injury and tell them you want him watche better than that changing tables are high ours the we have has very high sides and we do not just leave the baby up there and step away because our seven month and older babies are very curious they like to look over the sides the day care should be licensed I would check that even home day cares have to be licensed they should be DHS state inspected. And pass the inspection if they don't pass they have so long to fix the problems you have every right as a parent to call your local DHS office and request for them to be Inspected at any time
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J.F.
answers from
Philadelphia
on
OMG!!!!!!!!!!!!!! The only way they fall off is if someone walked away from him! I would report the center to your state's inspection people I haven't worked in day care for years so I forget what they call it. I would call the police and report them for neglect and if you think it would help maybe a lawyer.
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R.Y.
answers from
New York
on
Since the daycare is not licensed I'm not sure what your options are. Check with a personal injury lawyer. If it was state licensed you could report it to the state for investigation. Has the daycare given you a written accident report? I have gotten several minor ones from my son's preschool (little cuts, scrapes,bumps, etc). I'd bring that to a lawyer.
BTW, I worked for child protective services and a baby falling 2 or 3 feet off a bed or changing table is not an uncommon accident--but not usually with as severe injuries as you baby has (probably the tile floor). When I had my own kids I put a changing pad on the floor and stopped using the changing table once they could roll over or sit up. I hope your son is okay.
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S.S.
answers from
Los Angeles
on
I think you should sue them because if you don't, they might never make the necessary changes to make their daycare safe for any future babies and children in their care. And if they can't/won't make the changes, they need to be shut down, church or not. So yes, sue. I hope your baby is doing better :(
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A.B.
answers from
Atlanta
on
My god... I am so sorry that happened to your baby!
It was terribly negligent that they let him fall but I am completely flabbergasted that a baby fell 3 feet onto a tile floor and they didn't call 911 immediately. That is incredible to me.
They are liable for all the reasons everyone else said and they should be held responsible.
I would press charges. If it happened this time...it could happen again and the next child could be hurt as bad or more and possibly die.
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K.W.
answers from
Oklahoma City
on
I would be talking to a lawyer and looking at any paperwork that they had you sign when you started. I would also be letting them know that they will be paying the ER bills that you have and that you want a detailed report of what happened. i would also be contacting DHS and reporting to them what happened, and that you had to take him in and everything. They should have reported it to DHS after it happened but they probably didnt...Have you returned your child there since them?
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S.T.
answers from
Kansas City
on
I'm so sorry your son had this happen and you guys are going through this but now and days everybody is so sue happy and really what is it going to do? I would contact them and see if you can come to an agreement and have them pay for your medical bills and maybe for your time off from the daycare (of course I wouldn't go back there but they could pay you for like two or three weeks) then if you are getting nowhere talk to a lawyer and see what they suggest. I just don't understand what suing will do besides drag it out. Also contact your local health department and report this to them and let the other parents know what happened so it doesn't happen to another child! God Bless you and hope your little boy is doing better!
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L._.
answers from
San Diego
on
What's so sad is that it can happen, even from parents. I've had daycare children that fell off of changing tables at home. Every time I hear a story like that I re-affirm my plan to be vigilent. I'm sure you can sue the pants off of them. However, the Bible tells us not to sue. So I'd ask that you pray about it. The high costs associated with daycare, medical care, and even legal services are due in most part to the lack of forgiveness when things don't go as planned.
Call the state and have the place investigated. I'm sure the person in charge will lose their job and that will be punishment for them. But, is everyone there at the daycare and all the other families deserving of the rates going up? I am hopeful your son will survive with ZERO deficits. I'm sure the person feels just horrible. I know I would!
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R.K.
answers from
New York
on
Just want to say that I think this is appalling and they should have had immediate medical attention for your baby. I would never ever go back there and I would tell all the other parents what happened. So sorry. I hope your baby is doing better. The only way a baby can fall off the change table is if you leave them unattended. Which should never happen.
Good luck in what ever you decide. I would sue them but that is just me.
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K.B.
answers from
San Diego
on
at least they notified you about the fall. THANK GOD! Can you just imagine how many times have they kept their mouth shut? makes me sick! best of luck to you, don't let this one go, and glad your baby is doing good.
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P.B.
answers from
Shreveport
on
oh my gosh, thank God that e is ok. So sorry that you have to go through this. We have twins ( 4months ole) and I feel they have too many babies per work. talk to the supervisor and know how many babies per worker and stay on top of it. I think the faculity is responsible for the bill and definately would make them responsible for it. I would want to know how many other accident are reported do they have and may report it also. My prayers are with you and you baby.
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S.C.
answers from
Oklahoma City
on
our son broke his leg at daycare. All we could do was buy in to there insurance, to get what our insurance would pay. Well our insurance would drop us. If you press them they should pay the bill you can report them to DHS, for supervison issues they should have never left him on the changing table to fall off. You never know if they seemed so non chalont about it, it could be a bigger issue.
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J.V.
answers from
Los Angeles
on
I cannot believe this happened to you! Thank God your baby is ok now. Maybe your attorney could be the one who sets change in place for all church daycares, that they have to be licensed. Make sure you find out your state's statue of limitations. In CA for example, you have two years to sue someone for wrongdoing. If you wait and try to sue later, after two years, because problems surface later, you can't sue.
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S.D.
answers from
Washington DC
on
I am so glad to hear your son is ok. I am even more glad to know you took the matter into your own hands. Daycares nowdays are full of neglect and they are just businesses. They make money off our need to leave our children in the care of someone else so that we can go to work. They neglected your son, they did not follow proper procedures, they did not call 911, therefore, they must pay the consequences. Thank GOD he is fine! HUGS!
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S.L.
answers from
Lansing
on
I know you have had a ton of responses, but I wanted to give my support to you and your family as well. You are doing a terrific job, stay on top of the matter. I don't believe you are "sue happy", becasue it is our responsibility to do something when we see a problem, you don't want another family to go through this! God Bless your little boy.... I am pretty sure his head was KILLING him, poor baby....
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A.E.
answers from
San Antonio
on
WoW! Is all I'd like to say. As a previous owner and Director of a preschool/day-care center, my biggest concern was always safety with our infants. Staying right there with the infant at ALL times and never turning your back is a must!! Accidents do happen though. Even as a mother, an accident can happen. These would be my personal questions to you mom to mom. (I'm a mom of 5) Are you very, very happy other than this one incident wtih your provider? Is the daycare very concerned about your baby? The center has insurance, and so...if YOU don't, they'll handle that! I feel for you and for the center. Taking care of children is such a high liability. It's a tough business, but ... taking care of your biggest asset is very detrimental too. Please keep us posted! I'd like to know the outcome. Say prayers and go by your gut feeling. Mom's arent' perfect either...so...be sensitive too...
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M.F.
answers from
Houston
on
First mistake was that he even fell off the table, accidents do happen, but this one was at the fault of the teacher. When I have to turn my back or reach for something while I am changing a baby @ work my hands are always on the baby. Second mistake they should have called 911 (on a tile floor!!) Not sure what steps you should take but don't feel guilty for taking them.
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C.V.
answers from
Kansas City
on
First of all I am so glad that he's doing ok! I am with you,I am not one for suing anyone and suing a church even sounds worse.However,they were neglectful to your child!I worked in daycare for 6 years and I know that accidents can happen.But that's not an accident,either they are lying completely to cover their butts or someone was neglectful and walked away from him.Glad to hear you're taking action!I can't imagine if you didn't pick him up and take him to the hospital,poor baby!I am so sorry to hear that you and your baby are going through this.I hope it all turns out in his best interest!
God Bless =)
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M.R.
answers from
Rochester
on
Hi ella.. is this an in home or commercial daycare?. I have my own in home daycare. for 15 yrs I have never had a child fall from changing table. A changing tables are huge hazards! They look like ladders from a toddlers perspective. I change my kids in the bathroom on a changing padd on the floor.... I f another child needs my immediate attention.. I KNOW they are safe. If it is acommercial daycare... my personal opinion find a home one. Commercial daycare workers get paid minimum wage. kennel workers get paid more! Commercial daycare workers are underppaid and understaffed. We have regulations in a liscensed home daye care.. But there is only one.. maybe two adults caring for your child. Much more personal. U can persue it legally... they may find they were not in "regulation" with something.. then what? They fix it for awhile.. then go right back... Get him out of there.....the people there sound like that don't have experience.. need help finding a in home daycare.. questions be glad to help! I hope your son is recovering well> M.
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J.W.
answers from
Jackson
on
I'm sorry that your son (and you) have had to endure such a horrible thing. He will be in my thoughts and my family and I will be praying for his full recovery. Please allow me to offer you and your family my personal thoughts & a little bit advice on this situation. First, and foremost, we all know that accidents can and unfortunately do happen; however, with that being said, it is imperative that you look at those unimaginable "what ifs". What if you had not been called, "just to let you know, even though he seemed fine"? What if you had not listened to your gut and taken him to the hospital? The daycare center should be held accountable. For starters, they should be held responsible for all costs of your son's medical treatment due to this fall. Secondly, and maybe most importantly, actions should be taken because of their negligence---yes, I couldn't imagine the fall being anything but pure accidental, BUT, why didn't they proceed to seek medical attention instead of assuming he was fine just because "he seemed fine"? And quite frankly, what I mean by actions should be taken is that you need to hire a good lawyer; because of the final "what if". What if this type of accident and a repeated mistake of this nature takes place with another child? Devestating results could (and could have) happen.