Sueing for gross misconduct / negligence / failing to report broken arm

[Kerrance]

Hi the situation is this my son whos just 3. This friday i picked him up from nursery at 5 (he goes 4 days aweek 9-5) he looked very pale and was irritable. Staff said nothing to me about ANY kind of injury/acident or voiced any concerns after arriving home i noticed he was holding hos arm in a strage postion, i saw his arm was very swollen. When asked about it his words were "i fell over at nursery and couldnt stand up B** (staff member) had to carry me", far from being very annoyed nothing was said. I try and call but its closed I applied cold compress and he eventually driffed off to sleep in my arms. Hours later he wakes with the most horrific cry.... We rush to AnE its now 7.45AM..... He is xrayed = greenstick fracture to his right wrist he is put in a semi pot banage to allow swelling to go down....monday morning is our app for full pot on.... My question is do i call the nursery in the morning and ask to see the RIDDOR report or should i arrange a meeting and ask for it then ( i dont want to allow then time to cover it up) which ever way its looked at they have been negligent in informing me of a serious injury / no one saw the fall (left unsupervised) breaching the duty of care/ it was logged as minor injury- if so they need to retrain staff in 1st aid and i want a full incident report and to know whom is held accountable ....... Am lost as to which is the correct approach and what to say to ensure im taken seriously and its dealt wiv properly.... Any help very much appreciated

So you didn't notice it needed medical attention for 14 hours but want to sue them because they didn't? When you haven't even talked to them about it?
If your son has issues that make him fall over a lot how are they supposed to know this one was any different? There is nothing to say he was unsupervised at any time.

Talking about suing and negligence and gross misconduct as a first step without even a single conversation with the people involved suggests that your motivation is money and personal gain.

Why all the suspicion of the OP's motives? She has stated them clearly.

You can't just make up what someone is thinking because it suits your own agenda, whatever that is.

I can totally understand why she might want to take legal action, even if it is inadvisable in this situation, to try and protect other children from this happening. It sounds like a gut reaction as she was unable to do much else at the time other than plan how to make it right.

But oh, no, of course, she just wants some money...I mean really? WHY leap to that conclusion?

Legal action...? About a green stick fracture.

That is the kind of lunacy that I avoid people at the school gates for.

5 G's for you- Good God Girl Get a Grip

No, I don't think it is appropriate in this situation. But I can understand why she thought of it iyswim? Just a knee jerk reaction, nursery not answering phones, injured child.

She probably just wanted to do something and wasn't sure what (as she says in the OP)

This doesn't mean she is an 'ambulance chaser' FFS. Discouraging others from posting (move along, nothing to see) is awful.

Kerrance Sun 28-Jun-15 21:59:42

Ive no interest in financial gain tbh. All i want is them to legally realise that they were at fault and knew but choose not to inform me. My child is disabled he has problems walking so it wasnt just a tumble. The doctor said hes fallen with considerable force maybe down a step.... His break is not consistant with just a tumble
_

There you go. Not interested in financial gain.

Why all the suspicion of the OP's motives? She has stated them clearly

Because you don't try and sue someone before even talking to them. You don't even think about it IME. She can state what she wants, but if your first reaction to your kids injury is "who can I sue?", its not safety you are concerned about. It's cash.

sophie did you read the OP thoroughly? The nursery didn't answer the phone because they were closed, not because they were trying to avoid a conversation.

Knee jerk reaction or not, you don't start banging on about suing people unless there is a motive. If you want people to learn from mistakes then you report to the authorities and allow them to investigate whether or not the nursery were negligent. If they are found to be then think about it but people only sue for monetary gain, not because they want lessons to be learned.

Besides, as pp have rightly pointed out, the OP did sod all about the injury until the next morning. That's because, like the nursery, she doesn't have xray vision and didn't know or even suspect it was broken when she got him home.

One of my kids broke their hand on the Friday (grazed along a wall of all things) but no fuss made til Sunday night when it was a "bit sore, Mama"

Certainly do see what Nursery says today

Oh - something else: ime if it's not fountaining blood or at least looking interesting younger children kinda forget about owies pdq. "Oooh owch, rub better oh look, a squirrel"

of course sophie you must be spot on.

the title of the thread gives a big clue about op's motives

All you need to do is calmly go into the nursery and try to establish the facts about what happened, when and what your child's reaction had been.

Suing is a ridiculous overreaction, though you do seem the sort who would go in all guns blazing. Step back from that and calm down first or you will achieve nothing.

Technically of course, they should have called you. In all likelihood though, it is much more likely to be a slight error of judgment than wilful neglect.

As others have said, you yourself made a similar error by waiting until the next morning to take him to A&E. I guess that you were doing as many of us parents do, by adopting a wait and see approach.

Yet you are talking about suing a nursery without having established the facts.

Yes, with hindsight it could have been handled differently, but none of us has x-ray eyes or a crystal ball.

So Topseyt (and others who think the nursery was negligent), do you think childcare providers should ring the parents every time a child falls over?

My mum was an A and E nurse who specialised in bones, yet didn't want to take me in for a broken arm. Twice.

My brother had to persuade her the first time, the second time I never went in. I guess I'll never know for sure but I'm utterly convinced it was broken.

However Id be going hell for leather at the nursery for not informing me, and withdrawing him and getting him into a CM setting. I'd never be able to trust the nursery again after that.

Not informing the OP of what exactly?

If they are found to be then think about it but people only sue for monetary gain, not because they want lessons to be learned.

I disagree entirely. There are plenty of people who sue for moral reasons and aren't intrested in the potential compensation.

I don't think the title gives any indication of motives. Only of what the OP is considering as an option for whatever reason.

Yunno, or if we aren't into believing the OP's statements perhaps we ought to file the entire thread in 'baloney' and move on.

You can't pick and choose what you believe because you think you know better.

sophie why assume the OP is suing for moral reasons? At the point she decided to consider suing she hadn't even spoken to the nursery. So there is moral cause at the moment.

Agreed Sophie.

My DM sued Shell because they pissed her off. She won . She didn't give a stuff about or need their money....

No moral cause

I disagree entirely. There are plenty of people who sue for moral reasons and aren't intrested in the potential compensation.

And these people at the very least speak to the people involved and make the slightest attempt to find out what actually happened BEFORE they get to the "how can I sue" bit. OP is busy googling no win no fee firms before a chat with the manager.

I would kick off about suing possibly if my three year old was hurt and I was upset and furious about it.

I probably wouldn't go through with it, but I'd certainly threaten it.

Plenty of greenstick fractures go totally unnoticed tbh. My kids have had them which I didn't realise until days later when they still complained of pain and swelling and I thought we best get things checked out. Shit happens.

NRomanoff because she says so? And anyway I don't think she is suing, I think it was likely just an idea. Not a particularly well thought out one.

But still.

You can't sue them for failing to inform you of an accident.

Just because your child fell, it does not mean there was negligence.

An injury sustained whilst in the care of others, does not equal negligence.

Get the non reporting sorted out with the nursery.

You'll need a solicitor to act on a no win, no fee basis if you're determined to sue. A decent one would turn your case down.

Winter I concur with your first statement in your most recent post but the second is purely conjecture.