so it has been brought tomy attention that at a home daycare you only have to be with in a hearing distance of the kids so if and accident occure and your child gets hurt the daycare only has to pay 1,000 dollars toward medical bills and your lawsuit gets thrown out with no out come for you child what so ever so the last three years i have been suing for david spiral femur fracture that happend at a daycare in 2007 because she either abused him some how making a spiral break or as she says he fell of the couche when she walked away for 30 seconds to het pj's either way he gets nothing for his pain and suffering he endured and still endures with nightmares and cramps that he doesn't understand and she gets to continue being a daycare provider! Im so sick and guess what I called the state to double check the rules on what is negligent at home daycare and leaving the room is NOT!!!!!!!!!!!!!! people daycare isn't safe then ever! http://i23.photobucket.com/albums/b388/enslaved_by_addictions/davidcast.jpg
ohh i forgot to mention it is a spiral break and they dr and the Specialist agree that falling of the couch would only cause a clean break so they had already thought abuse but never got charges with it i was advised my the cops to sue civil.
Im in no way sue happy, I could give a fuck, i just think she should be punished somehow, And No my kid has never gotton hurt in my care. mind you hat when this happened he was 2 and couldn't really tell us what she did he was on morphine and codeine and he suffers still with night terrors
so my lawyers say we have to figure out if leaving a 2year old alone on a couch is negligent. i know someone that had a femur break case and she won and it happened on a playground. Im just so upset that women cal still have kids and pay her bills when my bills have been behind since 2007 and he has 20,000 in dr.bills
when it happened she had my son and her own there. and he isn't old enough to talk or remember either.
all the research i do is for me, the lawyers do there work, i read bout spiral breaks and it can Only happen with Twisting motion. she only said he fell from the couch when she was in the kitchen, they she ran out of the ER, however my son told me and my mother Michele threw me down. but he was on pain medicine and they said that isn't submittable in court.
♥Sophia's Mummy♥
I don't know the laws over there as i live in the UK. But realistically they cant watch your child every second, they need to pee, you'd soon moan if they took your child into the loo with them! Kids have accidents weather they are at home or at daycare it happens. can you honestly say you never take your eyes of your child????
r m
my kid is a robust daredevil. the last day carehe was in, he ran off with a bucket, tripped over it and sliced his eyebrow open requiring stitches. did i sue? nope.
he has fallen down stairs in my care and concussed himself. does that make me guilty of child abuse?. he has gotten a black eye at school in a fight. - should i sue the school for not seeing and stopping the altercation in time?
he was bouncing on the couch when with his father, lost his balance and fell scraping his back against the coffee table - should i report his father to child protection services?
theres a point when logic and common sense has to take precedence over the promise of a get rich quick lawsuit scheme, especially when you are dealing with very energetic, active little kids..
when you buy him his first car when he turns 17 and he crashes it, hurting himself, are you goign to sue the car manufacturer?
if he gets caught with a dui, are you going to sue the manufacturer of the booze he was drinking?
you need to enter reality. comprende?
sxe_mo06
People are sue crazy lately! I could understand if she was abusing him or whatever, but really, do you never leave the room for 30 seconds without your son? Has he never fallen down or gotten injured in your care? Wouldn't that make you just as much of a negligent parent as it would make them negligent providers? I broke my elbow jumping on a trampoline, does that mean my mother was negligent? I'm not trying to say that what happened is right, but after 3 years it's about time you cut your losses and move on. Children get hurt, they rarely remember it, I know it's hard to see your baby go through that but he will recover. Take him out of the day care and find another child care provider for him, that's the only thing you can do.
Melissa
I can't imagine how angry you must feel. Have you let the other families who use this woman as a daycare provider know about what happened? It's something they need to know about, even if it was just an accident.
Alyssa's mommy
You do realize that even if a home daycare has 4 children the lady can't possibly be watching every child every single second of the day. If she is changing one child's diaper then the other 3 could jump off the couch. The daycare provide has the right to go pee a couple times a day as well, leaving the children unattended for 2 minutes.
An accident happened, and I'm sorry your child is suffering... but the same accident could have happened with you watching your child and standing 3 mere feet away. When my daughter was younger she stood up on a chair and fell off... about 3 feet away from me... she landed on her head and wasn't responsive for a second... I did end up calling 911. Thank God she is okay, but she could have had serious injuries as well.
Ariane
I am with you on the fact that your child should not have had a such a severe break for just falling off the couch. That is where I would be researching and asking the doctor what can cause that type of break. As for the daycare, leaving a 2 year old on the couch alone was not that lady's best choice, if she needed to leave the room she should have put him on the ground, but again I do not think that a fall from a couch was the only thing that occured here. What has the lady said about all this? Did she apologize or offer an explanation?
I understand that you are wanting to prevent other children from suffering a similar injury and that you need some assistance with bills since he has such a serious injury. Have you considered taking your child to a psychologist to see if they can get him to remember a time she had hurt him or something to that nature?
I also agree with others who have commented. She did have a right to leave as she had to get something or had to use the rest room and even if you had your child in a real daycare, where the teacher can not leave the room , there is still such a high risk of injury. I would make sure you write disapproving things wherever possibly to discourage other parents from using the daycare and I would suggest you look into a different lawyer, as this one seems to be having you do a lot of research on it and seems to not have a clear answer for you.
Forensics Girl
that's the dumbest thing i've ever heard!!! you have great medical evidence and 2 witnesses of it and they still won't do anything about it!! if it were me, i'd have her fired on the spot!!!
Best Wishes to your Son! :)
Orignal From: What is considered negligence at a HOME daycare?
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