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

[BreadmakerFan]

I just assumed that nursery staff would have sufficient training to spot the signs of a break. Wasn't saying they should have x ray vision!

[Goldmandra]

There are very few signs of a greenstick fracture.

When my 14 month old broke her arm, the A&E doctor thought she had a pulled elbow and held her arm right on the break to manipulate her elbow.

[leedy]

Greenstick fractures can be reasonably hard to diagnose without x-raying. When DS had his last year the doc in A&E had no idea if it was broken or not until she saw the x-ray.

[leedy]

[x-post with Goldmandra!]

[bikeandrun]

My daughter broke her arm at a local event, I have seen her a lot more distressed after a small cut or a graze, a first aider said she needed to go to a and e, my initial thought was he was a bit of a fuss pot, got it checked out,she was happy and smiley chatting away to the registrar, who said she would x ray just as a precaution and low and behold a broken humerus. If I hadn't take to a and e straight away, which I very well might not have if it want for the st.johns guy who would i sue, myself?

[Goldmandra]

Also, first aid isn't about diagnosing minor injuries. It's aimed at reducing distress, spotting potential life threatening conditions and managing them in ways that preserve life and limb until qualified medics can take over.

This child clearly wasn't particularly distressed and neither was his life at risk.

[Summerisle1]

I don't think this situation would be helped at all by starting at the 'sue you for gross negligence stage'. What you want (I presume) is to have a sensible discussion about the accident. If you go in threatening legal action then almost certainly, you'll get a defensive response that doesn't answer your questions.

Also, greenstick fractures are very hard to spot. As you, yourself have discovered. So I'd be asking reasoned questions. Not going in with litigious threats. Won't do anyone any good. Let alone your DS.

[buildmeabuttercup]

Where on earth is your evidence for gross negligence and misconduct? By all means complain you should have been informed but suing, seriously? I'm suprised children are even allowed out because of people like the OP.

I don't understand what you want them to 'legally recognise' as their fault. Unless the staff pushed him over the injury isn't their fault, he fell, kids do all the time!