2-year old broken arm at daycare

[ELSA711]

I think I would be in jail.

 

[QueenIsabella]

Accidents can happen, especially with little ones. I'd be way more concerned with the lying and covering up, as well as not getting medical attention. I don't know if I'd contact a lawyer, though--my concern would be less about a monetary judgement of some kind, and more about keeping other children safe in the day care environment. The day care may be pretty and well-stocked with toys, but if it's not safe, nothing else matters.

A couple stories (because I've had kids with broken arms): when my oldest was 2, she broke her arm. She was coming down the steps, thought she was on the last one, and jumped--you know, like kids do, all the time. Problem was, she was on the second-to-last step, so she fell and broke her forearm. The give-away to me was, afterwards, she didn't cry, but she sat there, holding her arm, being very still. 2yos DON'T SIT STILL!

The same kid broke her arm(same arm, different bone) doing a cartwheel in the family room. A different kid snapped off the growth plate on his right arm falling off a bunkbed ladder. In all three of these instances, there was an adult/older sibling within 3 feet of the injured child

In all cases, our immediate reaction was to take the child to the ER. They were questioned by the nursing staff about their injuries--as they should have been.

 

[Mizzoufan]

Doesn't make sense to lie and cover up an accident.

 

[wilkeliza]

I hope your sister gets better results than my Aunt and Uncle got. My youngest cousin had a spiral fracture in his femur at 3 or 4 that was from daycare. He sat all day in the time out chair as his leg began to swell up. Once it got really bad they finally called my aunt to come get her son because he was in time out and acting out. She got there and his leg was twice the size it should have been and had already caused his pants to become extremely tight. He was crying and inconsolable. They told her something had happened but that he was fine. She rushed him to the er and then he was sent by helicopter to the children's hospital several cities away. They got him stable and started the draining process of the leg. X-rays showed the fracture and they called CPS. Unfortunately at that point it became a he said she said. My cousin was terrified and would not talk. Poor baby who use to be so loving and a chatter box just went silent. Day care says he fell or the bigger kids did it. They were fined for not reporting or taking him to the emergency room but nothing else happened. My aunt and uncle went into crippling debt over the hospital stay and follow ups since they didn't have money to higher a lawyer and go after the day care for it. My cousin was never the same. For awhile (1-2 years) if he saw the day care or even saw the workers in the grocery store or at church he would start hysterically crying and try to run away from them. It was just terrible to watch. Some time after everything was over he told his mom he remembers a lady twisting his leg. Of course by that point there was nothing that could be done. Some say he fabricated the memory others say it must have been the lady he still freezes up near all these years later (almost 10 years now).

OP, yes accidents happen but this doesn't sound like an accident. They covered it up and continue to. Also the owner is a terrible person for pulling the poor me card when a child was hurt in her care. That speaks volumes to what type of person the owner is and if I had kids I would never let them go back there.

 

[Lilacs4Me]

Accidents can happen, especially with little ones. I'd be way more concerned with the lying and covering up, as well as not getting medical attention. I don't know if I'd contact a lawyer, though--my concern would be less about a monetary judgement of some kind, and more about keeping other children safe in the day care environment. The day care may be pretty and well-stocked with toys, but if it's not safe, nothing else matters.

A couple stories (because I've had kids with broken arms): when my oldest was 2, she broke her arm. She was coming down the steps, thought she was on the last one, and jumped--you know, like kids do, all the time. Problem was, she was on the second-to-last step, so she fell and broke her forearm. The give-away to me was, afterwards, she didn't cry, but she sat there, holding her arm, being very still. 2yos DON'T SIT STILL!

The same kid broke her arm(same arm, different bone) doing a cartwheel in the family room. A different kid snapped off the growth plate on his right arm falling off a bunkbed ladder. In all three of these instances, there was an adult/older sibling within 3 feet of the injured child

In all cases, our immediate reaction was to take the child to the ER. They were questioned by the nursing staff about their injuries--as they should have been.

My sister is pretty laid-back and calm about most things. She gave this daycare owner more of a chance than I would have already! She's definitely not the kind of person who is going to look for monentary gain from this - she just wants to make sure she is covering herself from slander/libel when she goes public with this to the community. I'm sure she would take money for medical costs, but that would not be her main goal. She wants that teacher fired and for the daycare to accept responsibility so that it doesn't happen to another baby.

 

[mamamary]

Your poor neice! Hope she heals quickly

 

[cabanafrau]

I don't see any way the teacher doesn't wind up on the registry since protective services are involved and wonder if the daycare will be able to maintain their license.

Your sister needs legal representation now to insure that affidavits and/or depositions are taken ASAP if the attorney decides they are necessary.

 

[LisaR]

So many people are saying it was an accident and they are more disturbed about the lying. I didn't read anything that indicated it was or wasn't an accident. Accidents do happen and that could very well have been the case here, but why cover it up? Why not call the parents and say, "K was reaching for something that was about to fall over on her. I reached out and grabbed her by the arm to pull her away and I think something might have happened when I did that. She is favoring the arm and seems to be in pain." Instead, the teacher allowed this girl to be in pain the rest of the day and spent three days covering it up. And now the owner sounds like she doesn't think it is a big deal at all. Accident or not, I do agree that the lying is very troublesome. I'm not a fan of lawsuits, but I'd certainly consider one in this case to at least cover the medical bills. I'd want the teacher fired for lying and if there is any proof it wasn't an accident, I'd want her in jail. What if she hit her head instead of broke her arm? An ignored concussion could have killed the little girl.

 

[cabanafrau]

The owner said that the school was wired for cameras, but they were never installed, so unfortunately, no video footage.

They certainly never will be now, unless some type of legal bargain is reached where they are forced to have surveillance cameras rolling, or their insurance carrier now requires it.

This is a significant issue, make no mistake. Your sister needs legal representation, immediately. Time has passed already, time for stories to change and blame to be shuffled along.

 

[Lilacs4Me]

I don't see any way the teacher doesn't wind up on the registry since protective services are involved and wonder if the daycare will be able to maintain their license.

Your sister needs legal representation now to insure that affidavits and/or depositions are taken ASAP if the attorney decides they are necessary.

One of our other sisters is a social worker for the state (although she lives on the other side of the state so no affiliation or pull with that particular county), but she did talk to a CPS friend in her office who told her that when CPS gets involved they are required to send a report to the State Licensing Board, which becomes public record. This will be seen when the center applies for theyr next license renewal.

I agree on the legal representation - even if my sister doesn't file a civil suit, CPS might find enough evidence to pursue their own case.

 

[Lilacs4Me]

So many people are saying it was an accident and they are more disturbed about the lying. I didn't read anything that indicated it was or wasn't an accident. Accidents do happen and that could very well have been the case here, but why cover it up? Why not call the parents and say, "K was reaching for something that was about to fall over on her. I reached out and grabbed her by the arm to pull her away and I think something might have happened when I did that. She is favoring the arm and seems to be in pain." Instead, the teacher allowed this girl to be in pain the rest of the day and spent three days covering it up. And now the owner sounds like she doesn't think it is a big deal at all. Accident or not, I do agree that the lying is very troublesome. I'm not a fan of lawsuits, but I'd certainly consider one in this case to at least cover the medical bills. I'd want the teacher fired for lying and if there is any proof it wasn't an accident, I'd want her in jail. What if she hit her head instead of broke her arm? An ignored concussion could have killed the little girl.

Exactly. I said that there are really only a few things worse than a broken bone, accident/injury-wise at a daycare, so this is a BIG deal! It would even be a big deal on an elementary school playground when a kid falls off the monkey bars, which happens all the time and is TOTALLY an accident! So for the daycare staff to act like it's nothing that a baby's bone is broken, and the owner to hide behind her front office girl for three days, floors me.

I totally get accidents, and I totally get waiting to see how something progresses with my kids before committing to the ER for the next 9 hours and $5k later. But like everyone else, it's the lying and covering up that is killing me about this, topped only by the owners seemingly complete lack of the ability to understand that this is NOT ABOUT HER!

 

[cabanafrau]

It sounds to me the child was injured during an attempt to restrain or confine the child. Whether or not the restraint or confinement was done pursuant to the regulations and the proper standard of care will be evaluated.

Not reporting the injury and seeking proper medical care is a known violation of the policies and procedures as well. The not reporting violation will count against the entirety of the staff present to witness the incident and those who became aware subsequently the child was in pain of unknown origin. All of those people have their livelihoods on the line at this point, and therefore have reason to conceal or corrupt the truth at the present time.

 

[The Mystery Machine]

It sounds to me the child was injured during an attempt to restrain or confine the child. Whether or not the restraint or confinement was done pursuant to the regulations and the proper standard of care will be evaluated.

Not reporting the injury and seeking proper medical care is a known violation of the policies and procedures as well. The not reporting violation will count against the entirety of the staff present to witness the incident and those who became aware subsequently the child was in pain of unknown origin. All of those people have their livelihoods on the line at this point, and therefore have reason to conceal or corrupt the truth at the present time.

Right. Essentially it is "kill or be killed" at this point. There will be a lot of lying going on.

 

[cabanafrau]

Right. Essentially it is "kill or be killed" at this point. There will be a lot of lying going on.

If the heat in the kitchen gets hot, I wouldn't be one bit surprised to hear daycare workers trying to point protective services at the parents.

It's not as if it's unheard of for caregivers in hot water to point fingers at parents and vice versa. It's been known to happen a time or twelve.

 

[brooke789]

My 2 year old had an ER visit earlier this year for a possible broken leg. (He had an accident at a playground with us). It turned out his leg/foot/etc was not broken/fractured but the doctor told us at his age is was very very uncommon to see a child his age with a broken bone. He said you'd nearly have to hit him with a baseball bat because their bones are so flexible at this age that it can withstand a little more than an adult bone.

This may be completely wrong, but it is what the ER doctor told me and how he explained that my son didn't have the broken bone (even though he couldn't/wouldn't stand and was absolutely hysterical).

Anyway, this really makes me wonder what really happened....

 

[barkley]

My sister is pretty laid-back and calm about most things. She gave this daycare owner more of a chance than I would have already! She's definitely not the kind of person who is going to look for monentary gain from this - she just wants to make sure she is covering herself from slander/libel when she goes public with this to the community. I'm sure she would take money for medical costs, but that would not be her main goal. She wants that teacher fired and for the daycare to accept responsibility so that it doesn't happen to another baby.

I would suggest legal counsel before she says anything publicly (or speaks further to the daycare). it's likely her health insurance will mandate that she pursue for them reimbursement for all the medical costs (mine does if an injury is remotely tied to someone else's fault/negligence). she may also be looking at missed work (new daycare may be hesitant to take on child until further into recovery-IF the child is even emotionally willing/able to attend).

a personal injury attorney could provide some guidance on how she should proceed-and they generally do not charge up front b/c they get a cut of any settlement.

based on my experiences working in children's services-if I were your sister I would do a google search to see who the most highly regarded FAMILY LAW attorney in her area is-call them, explain the situation and ask if they can recommend a personal injury attorney to contact. it may be that your sister requires representation in more than one area-a reputable family law attorney will know the ins and outs of the local cps system/child care oversight agencies and can provide good guidance.

 

[Lilacs4Me]

My 2 year old had an ER visit earlier this year for a possible broken leg. (He had an accident at a playground with us). It turned out his leg/foot/etc was not broken/fractured but the doctor told us at his age is was very very uncommon to see a child his age with a broken bone. He said you'd nearly have to hit him with a baseball bat because their bones are so flexible at this age that it can withstand a little more than an adult bone.

This may be completely wrong, but it is what the ER doctor told me and how he explained that my son didn't have the broken bone (even though he couldn't/wouldn't stand and was absolutely hysterical).

Anyway, this really makes me wonder what really happened....

That is almost exactly what CPS and the doctors told my sister, and why CPS got involved in the first place That a baby/young toddler's bones are so soft and flexible that it would either have to be a perfect storm of events (like falling from a high place and hitting it "just right"), or a lot of force and pressure on one specific area of the arm/leg. They said there is a lot of truth the that old wifes saying "Bouncing baby boy/girl"! And since K just turned two, she is still on the baby/toddler side of the daycare where there is very little she could have jumped/fallen from that is very high, plus there is about a million inches of soft material under playground equipment these days, so something was just not right with the original story of "we have no idea what she could have done to her arm"


NOT my sister - this is a SIl on DH's side, but -
My SIL actually dropped her DD when the baby was about 9 months old - there was something that SIL was trying to fix, or remove, or whatever it was, on the baby's foot while she was standing holding her DD (My niece is 12 now, but if I recall, it was something like a hair or something on the baby's foot/toes). The baby suddenly twisted and fell right out of SIL's arms. Of course SIL was horrified (every mother's nightmare, right!), and it soon became apparent that something was wrong with the baby's leg, so they took her to the ER where x-rays showed that the baby had a hairline fracture. From the way BIL tells it, CPS couldn't get in that room fast enough - they immediately took BIL out (and he wasn't even in the same room when the accident happened!) and questioned him like he was a criminal. They questioned SIL, too, over and over about her story, and they did not let them be in the same room at the same with with their daughter until they were satisfied that it truly was an accident. They told them, too, that the reason for the quick response from CPS is because a broken bone in a baby is very, very rare, for the same reasons we both already stated above. And although the questioning was more than uncomfortable, neither BIL or SIL did anything wrong, so they were glad CPS was so thorough and careful in their investigation.

 

[KarenAylwood]

My son is 2, almost 3 and has never had a broken bone despite being covered in bruises on his legs from.. well, being 2. He even fell down the stairs at almost 2 (I still get sick about it to this day) and had not a scratch on him- just scared him for a moment. I cried more than he did. When I started researching I realized how few kids really break bones at this age just like everyone else has said.

My niece broke her arm falling out of bed co-sleeping with my sister- she was 3 I think at the time. CPS was called at the hospital and did a thorough investigation and monitoring for a long time before they determined that my niece wasn't being abused. I really hope they are thorough in this case. That daycare needs to be investigated.

My daycare messages me (they use an online system) if anything seems slightly out of sorts with DS and calls for every incident- a bite, an altercation between my son and someone else that ended in an injury of some sort. Even if something happened and they didn't see it, they pull the video and review it. I had an incident recently with a teacher in which I didn't agree with what she was telling me and I approached the director about it. It was something that was against their policy and the director apologized profusely and ensured me that things would be taken care of. And they were- almost immediately. How a business director/owner handles conflicts/issues shows a lot about them as a person and how they run their business. Not only did this happen to your niece, but they are handling it in the completely wrong way. I feel so so sorry for your family/niece. It's horrible. I really hope that at 2 your niece won't remember much about this situation.

I'd be contacting a lawyer immediately. Finding alternate daycare, being out of work, medical bills- this whole incident will cost a lot of money and something should happen to ensure that this doesn't happen to another child/family in their care.

Best of luck to your family, I hope your niece heals quickly and comes out of this relatively unscathed.

ETA: The other day I got a message because my son had a scratch on the bottom of his chin that they hadn't noticed when he first came in, but he hadn't been complaining and they hadn't seen him get hurt. I had forgotten to tell them that he tried to climb the porch over the weekend (no wonder children's bones are so flexible!!). They were ready to pull the tapes to see if something happened. No one wants their child in an environment where they are not given the attention they deserve. Holding off on medical treatment or contacting the parents is inexcusable. Who knows what other kind of issues are going on in that place.

 

[QueenIsabella]

I just wanted to clarify, since I mentioned my DD broke her arm at age 2, that she had a greenstick fracture of her distal radius/ulna (at this point, I don't remember which). That's an incomplete break, because, as others have said, it's actually difficult to break the bones of a toddler. She didn't have a regular cast, they gave her a splint that they wrapped with an ace bandage, that she wore for 3 weeks. And it was funny, after her x-rays, the doctor walks in to the exam room and notices that she's trying to climb on the chair. He said, "she's not supposed to be able to do that!" Greenstick fractures are the most common kind of child fracture. A toddler with a spiral fracture? They are going to put the care-giver through the wringer. Most scenarios for those involve an adult twisting the limb.

My son was 3 when he snapped off his growth plate--that was a lucky shot (or unlucky, depending). He was so funny, the day after surgery, he was trying to use a crayon with his right hand, like the cast didn't even bother him. It took me much longer to get past it than it took him!

Here's hoping your niece heals as quickly as my kids did. If I were in your sister's shoes, I would be telling everyone and his mother to avoid that day care. The incident itself is disturbing, the fact that they lied about it is disturbing, and the fact that they didn't get her medical attention is disturbing. With the three incidents I mentioned, the injured child was enroute to the hospital within minutes. We knew instantly that something was wrong. Assuming your niece had been at this day care for more than a week, they should have been able to "read" her and see that something was off.

 

[luvsJack]

My granddaughter is two and she just got over a broken arm. She fell from the second rung of a slide ladder. My niece broke her collar bone when she was an infant. She rolled off my sister's bed which is less than a foot to the floor onto a thick carpet. It happens. Maybe not often but it does happen even in younger children.

DGD's arm healed very quickly and the dr. said that was due to her age.