serious (notifiable) injury - WWYD?

[zoebartlett]

Name changed to make myself less identifiable. I'm not going to name and shame. I'm also going to spare you the details of DD's injury. It was caused by falling against a piece of equipment at her private nursery, required surgery under general anaesthetic, and will require consultant follow-up in the future. It was a severe enough injury to leave staff in tears. The piece of equipment had a sharp edge and the staff removed it as soon as DD had gone to hospital.

What would you do? The injury has been reported to the HSE (as the nursery was required to do by law). I've drafted a letter to the Chief Exec of the chain of nurseries. The letter sets out the nursery's failure as we see it and asks for details of their policies and procedures and for an explanation of how unsafe equipment came to be installed. What else?

DD is happy there. The staff are lovely and she asks to go in. I don't want to move her, but I need her to be safe. Local environmental health office? I've checked the OFSTED site. The nursery say the injury has also been reported to OFSTED, but the site suggests that parents should deal with the nursery in the first instance and then report to OFSTED if they are unhappy with the response.

I'm floundering - so upset. Suggestions, wise people.

Time limit is 3 years for England and Wales. You will need to notify the nursery of the claim and ensure that time is protected. That means if it is going to take more than 3 years to get a resolution you need to protect the time limit either by commencing proceedings within the three years or obtaining a time extension.

A personal injury solicitor can advise you. Check with your household insurer to see whether you are covered for legal expenses.

Don't worry about taking action against the nursery/insurers, they will expect it and it shouldn't affect your day to day relationship with the nursery.

If the equipment was faulty then it may be that you would have to sue them for damages instead of the nursery.

Or both?

It comes down to trust. And I do agree that they are going to be extra vigilant about safety now.

It is such a difficult situation and I don't think that you should rush into a decision. You are simply too upset at the moment to think rationally through it all.

Your poor wee girl. I do hope she recovers well.

scottishmummy, she's fine I think! Bless the NHS, she was operated on before close of play and home by midnight.

Thanks for the legals, MollieO. We do need to think that through properly.

Mme, I don't know! Mollie's right, I need RL legal advice. And yes - I can't think it through properly now. At least I know I have months/years rather than days/weeks to sort out the legal side.

Zoe - I would err on the side that this was a freak accident.

I can totally understand your feelings now - my own three have had a few of these (my now 14 year old still has a scar above her eyebrow where she just suddenly fell against a metal horse play thing in a park). I had to scoop her up and rush her down to A & E as it was gushing with so much blood.

Also, my now 18 year old still has a scar where he had to have a couple of ops on his elbow where he fell off a climbing frame whilst at school, age 5.

I'm a childminder and one of my mindees is my great-niece. She is now 14 months old but has been in my accident book after falling against the high-chair. Big bump appearing and me feeling terrible but these things can happen in a split second, even if you are right next to them!

As long as your daughter is doing ok now I would try not to be so rash about complaining to the nursery.

Also, just to add another incident. My now 12 year old still has a scar from when she was at primary school, aged about 6 or 7 when she was sitting on the school wall and fell backwards into a thorny bush!

Unfortunately for her, one of the bigger thorns embedded just above her bottom and she had to have a small op to have the thorn taken out as it had embedded.

The classroom assistant who dealt with her at the time was a friend of mine and I never for one moment felt it was anyone's fault.

Yes, you do need legal advice.

Worst case (from a legal side of things) would be that the court case against the nursery falls through because it is proved that the equipment was to blame. No idea if it is possible that this would drag out so long - but if you only have a certain amount of time to sue the equioment company.

It is not about blame, but about prevention. And covering the cost of any eventual operations or other costs that you dd may have.

I wouldn't worry about involving the equipment company. I'd only do that if the nursery didn't have insurance (ie no money). The nursery will be able to apply to join the company to the action if they think they are culpable. If you do it you will end up eith a bigger legal bill but probably not a bigger gain. If anyone is liable for your dd's accident it is the nursery. They were supervising your dd at the time and they chose and purchased the equipment that injured her.

Okay, I can see you are comfortable that the nursery wasn't entirely at fault. However I would then look to the suppliers and manufacturers.

Surely anyone providing this type of equipment for use in a nursery setting should be testing it thoroughly and making utterly sure there is no possible way a child could be injured on it?

They need reporting, not the nursery - imho of course. Someone needs to be doing some really serious adjusting of their procedures...I would think that was whoever said in the first instance that this thing was suitable for use around small children.

Take it further, as far as you can and get angry.
The supply of this equipment needs stopping, not just in your chain of nurseries but in ANY childcare setting.

Oh, that is good Mollie.

Sorry Mollie, x posts - surely the nursery was supplied the equipment by whoever but bought it in good faith?

They would have no reason to be wary of it being dangerous.

The people selling it to them are at fault.

See otherwise you could take it further in the 'demand' direction, and blame you the parent for sending your child there without checking the equipment...iyswim. Supply direction, for me, all the way.

SOMEone was supposed to have checked this item and failed to do so.

HI

Firstly i'm so sorry for your little one. I am a nursery manager so putting that hat - questions i would be asking, if the equipment was well maintained, age appropriate and was not invloved in any incident before, was it highlighted on any risk assessment (a good nursery will give room staff the opportunity to complete in relation to their room). I would be reviewing accident records to see how many times a child had bumped it (appreciate yours was more than that but it helps to assess if it could have been avoided). If it had been then i would be asking why staff had not removed it prior to accident

As a parent i'm not sure if even if all that would reassure me. The worst accident my Ds has had was at nursery and i work there but was still very upset and questioned how it happened. I trust my girls 100% and in the end my confidence in them calmed any fears, but i was obvioulsy in a much better position as i'm there.

Hope your little one recovers soon

Re: legal side - we have to keep accident records for 21 years, the thought process being that a child could claim any age prior to 18 (and the 3 years to bring a legal claim added on so 21)