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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

See all MNHQ comments on this thread

Original poster

Nursery dropped 12 month old baby off changing table - can any one help?

182 replies

Yokomoyr · 18/09/2021 12:19

[Name redacted by MNHQ] nursery in Birmingham:

During the first 2 hours of the first day of my then 12 month old son being there - they dropped him off a changing table onto a hard floor.

He had a huge lump on his head and was quite drowsy for a week afterwards, but neither A+E nor GP seemed too concerned.

Now he is struggling with communication and when we tried to get a medical examiner and solicitor to help us get some money out of the nursery to pay for Speech and Language Therapy, we have pretty much been told it cannot be linked and nothing has been done.

I would like someone to at least tell me they will look into this nursery or provide some help in the private SLT (as NHS is taking >6 months to refer through) - is that unreasonable?

Put my most precious person in the care of someone else and in an inexcusable moment when full attention was meant to be on him, there was a serious error which lead to a severe head injury in a 1 year old child.

Must admit I feel quite let down.

OP posts:
LateDecemberBackInLowB12 · 18/09/2021 12:48

Its so difficult being a parent of a child who really struggles with something.

I understand that you want there to be a tangible reason rather than it just being one of those things, but, kindly, I really think it is just one of those things.

I hope the SALT works out for him. There are loads of resources online that give some really helpful tasks and tips while you're waiting for an appointment as well.

driftcompatible · 18/09/2021 12:49

No accidents like this do NOT just happen. It's a nursery with several adults in the room. A child should not have been left to fall or roll off a table. There is another adult there to bring them an item like wipes they may have forgot etc. I just can't imagine a scenario in which a child could get an injury like that in a childcare setting which isn't negligent

AnyFucker · 18/09/2021 12:50

He hasn’t been diagnosed with a “severe head injury” though, has he ?

Impartial medical opinion says not so you will get nowhere with this

Ughmaybenot · 18/09/2021 12:50

@esloquehay

I am not trying to be unkind, but what you describe as a severe head injury, OP, was not deemed to be so by medical professionals. I am sorry that your child has struggles with communication, but you have been told that the incident and your child's communication issues cannot be linked. You are not unreasonable to feel complex feelings around all this, but YABU to feel that liability still rests with the nursery.
I agree with this I’m afraid!
HaudYerWheeshtYaWeeBellend · 18/09/2021 12:51

You need to provide more info, when did this happen, did he have CT scan, how is the bump to his head caused his S&L delays (has this been proven by medical professionals).... to name a few unanswered questions.

Anotherusertoday12 · 18/09/2021 12:52

Best thing to do is speak with a paediatrician and ask for an MRI. Unless you’ve already done this and proven there is lasting brain damage I’m not sure where you are expecting to go with this

TheKeatingFive · 18/09/2021 12:53

If the medical experts don’t see a link, then I’m not sure what you’re looking for. Accidents happen horrible as it is. Nothing here suggests there are any grounds to expect nursery to pay.

RoseGoldGlasses · 18/09/2021 12:53

YANBU to be upset, I would be but you've been told there's no link so you aren't going to get much out of them tbh.
6 months for SALT is correct, that's how long we've waited, there's a lot you can do with him the mean time, your HV will be able to give you ideas.

VladmirsPoutine · 18/09/2021 12:53

but neither A+E nor GP seemed too concerned.

I think this is/was really the deciding factor. If multiple medical professionals didn't seem too concerned then as far as the nursery is concerned it was an unfortunate accident and they're not responsible for any difficulties your son is experiencing wrt his developmental issues. That said, I can understand how you've linked the two.

Motorina · 18/09/2021 12:54

I'm so sorry this has happened. I totally understand why you're angry and upset.

To make a negligence claim, you would have to establish that:

  1. The nursery had a duty of care
  2. They breached that duty of care
  3. Your child suffered harm as a result.
  1. is clearly straightforward - they did have a duty of care. 2. is marginal, depending on what happened, but you could probably establish it.
  1. is trickier. The harm that you can prove as being related to the injury is the lump and feeling poorly for a few days.

To get compensation for the speech problems you'd need to be able to prove to a court that it was more likely than not that they were caused by the fall. Which really does mean that, unless the doctors agree and put that in writing, you're on a hiding to nothing.

I am not a lawyer, and, of course, don't have full details of the case, so take that all with a pinch of salt. But that's my initial thoughts based on what you've said.

insancerre · 18/09/2021 12:54

A bump to the head is not a serious head injury and there is no way you can link his communication difficulties now to that incident
Nurseries are legally bound to keep accidents forms for a considerable number of years, 21, I think, in case an issue arises later because of the incident. But you would have to have proof

saveforthat · 18/09/2021 12:58

How high off the ground was the changing table? If he fell from the hight of a table. I'm shocked he wasn't seriously injured.

ElizaDarcysDeeds · 18/09/2021 13:00

Has he been diagnosed with a communication delay? Or do you just think he has one?
Because if the fall is recent, he can't have been diagnosed with a communication delay so quickly. And if the fall isn't recent, and your DS has been diagnosed with a communication delay then there is no reason to link the two events especially since every professional you have spoken to, has told you that the events aren't linked.
If you're worried about your DS' communication skills, then as a PP said, there's lots of resources online but fwiw lots of DCs do not communicate much at 12 months and go on to have no communication issues at all.
If you're genuinely worried about your DS, I'm sorry for your worries.
If you're trying to sue a nursery because you think you can, then I have no sympathy at all.

Matilda82 · 18/09/2021 13:01

Surely if he had a head injury serious enough to cause speech difficulty then he would have other issues? Or a Dr would have specifically diagnosed him with a type of head injury ? I imagine a head injury that causes speech problems are so serious there had been some actual damage to the brain ie, a hemorrhage. Did he have a brain scan at the time?
It's upsetting when your child gets hurt, and that's not great of the nursery. But I'm struggling to see how what sounds like a bump on the head has resulted in speech difficulties. Perhaps get a neurologist to examine him ?

Tinkles78 · 18/09/2021 13:01

I'm sorry your son had a bump to his head, it's never nice no matter how it happens. But if multiple doctors have checked him over and can't find any reason for concern then you will get absolutely nowhere with suing for damages.

Is your son 12 months old? Kinda hard to assess speech and language regression at that age, they're only just starting to speak!

If you aren't happy with the nursery then you should move him elsewhere, but really I think you have to accept that accidents can happen in all settings, but babies really are pretty resilient!

Original poster
Yokomoyr · 18/09/2021 13:02

Thanks to everyone's replies -

I accept that accidents are inevitable, nurseries generally have a 1:3 type policy and if he was at floor level and just fell but the member of staff was elsewhere with another child, I could completely understand...

However, this was a 1:1 care situation with a child at a height off the ground that is not normal. The primary duty of care is to make sure they do not fall, the second is to change the nappy.

if this happened to an adult at work, or in another setting, or to a child that could talk, we could make a case.

Even minor head injuries can be serious:

Scans can demonstrate what appear to be minor head injuries which are actually quite damaging, but intervention is also helpful:

We just want resolution to this situation

OP posts:
Abouttimemum · 18/09/2021 13:03

I’d be keen to know how old your DS is now and what issues he has with communication.

My DS had many bumps to the head as a 1 year old, it’s what happens when they’re that age although I’d be furious with the nursery in those circs as well.

mrsbitaly · 18/09/2021 13:04

I can't believe people say accidents happen. Yes they do a child trips or falls but in this instance a child should never have their eye taken off them when on a changing unit it is an accident that should NEVER have happened. Its a pretty basic requirement for a trained setting to not ever allow this kind of thing to happen. I would be so bloody angry I really feel for you what an awful situation to be in

Jemi202 · 18/09/2021 13:04

@Anotherusertoday12

Best thing to do is speak with a paediatrician and ask for an MRI. Unless you’ve already done this and proven there is lasting brain damage I’m not sure where you are expecting to go with this
Sorry but just wanted to say that getting an MRI etc is ridiculous.

There would be absolutely no medical indication to do this.

It would require a general anaesthetic which would introduce more risks for an investigation which would wield no benefit.

It would be medically negligent to do so. Unless there are neurological problems outside of some speech delay or some major drip feed- a minor head injury and requirement for SALT input are commonplace issues in childhood.

ChequerBoard · 18/09/2021 13:06

There was an accident, your DS had a minor injury, doctors have told you he is recovered and that there is no link to his subsequent speech delays.

I'm sorry he had the accident, that must have been stressful. But now you are just out for £££s, and that's not going to help anyone except your bank balance.

Hate this grabby culture associated with accident.

BungleandGeorge · 18/09/2021 13:09

Have you contacted ofstead?
I think you’ll have to accept that you won’t get any money from them as you’ve been told you don’t have a case. You also need to be careful about naming them

pastabest · 18/09/2021 13:09

What does your son's current childcare setting say?

ForeverSinging · 18/09/2021 13:10

You've said it was a severe head injury but the various medical professionals you consulted were not concerned.

It's awful that he fell, absolutely shouldn't have happened but I think you might be blaming his delays on the wrong thing.

Livvielo · 18/09/2021 13:10

It wasn’t a severe head injury. If the hospital and GP weren’t concerned, then it wasn’t severe. How have you even made the link between the 2 issues?

RoseGoldGlasses · 18/09/2021 13:10

I'm curious to know how old your DS is now op?
Ofc head injuries can serious but you've been told by multiple people it's not linked.
Children can have a speech delay for no reason which I'm sure you aware of but I just feel your trying to put blame to this accident