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Original poster

Accident at nursery

20 replies

Emilyyyy · 02/05/2019 13:14

Basically my 2 year old son goes to nursery and on Tuesday they had to phone an ambulance because he had partially amputated his finger on a wooden toy chest lid. The lid is very heavy and there is no safety thing on it so it doesn't shut slowly or no foam around it, it just slams down shut. The box is in his nursery room and is full of dressing up stuff which they are allowed to go in and out of as they please.

My son had to be taken to hospital, x-rayed, stay in over night and have an operation under general anaesthetic to repair his nail bed which was severely damaged. It's all bandaged up and there is a chance it could never go back to Normal. It's all bandaged up now after his op and we have to go back next week for it to all be checked.

Now, I don't know what to do about nursery. They have been in touch with me and they have basically said its just an accident that couldn't of been prevented. But I cant help but feel angry they have said it couldn't of been prevented.

If his finger goes back to normal I am happy to leave it at just a complaint but if there is more long term damage or disfigurement then I'm thinking about taking legal action. Am I being unreasonable?

He has been at the nursery for 18 months and he loves it there. The staff are great with him and now I'm just a bit taken back about what to do next.

How would everyone else handle this situation?

OP posts:

modgepodge · 02/05/2019 13:22

How awful, I’m so sorry.

Sounds like the chest is completely unsuitable for use by small children!!! At the very least have they got rid of it?! I personally think this could have been prevented, a chest which slams shut and is used by 2 year olds is not a good idea, it doesn’t take a genius to see that surely.

No advice on the legal action thing I’m afraid. Regardless of the eventual outcome, I’m not sure I’d want to be sending my child back there.

EssentialHummus · 02/05/2019 13:22

Hmm. Which finger, which hand? (i.e. is it actually going to affect him adversely if there is long term damage?)

I would be raging at it not being preventable too. It's preventable with a bloody 5p piece of sponge stuck on.

Original poster

Emilyyyy · 02/05/2019 13:26

It is his middle finger on his right hand (hes right handed)

OP posts:

SleepingStandingUp · 02/05/2019 13:26

It is preventable.

Remove the lid.
Foam line it
But in some different hinges so it's slow close
Remove it

If your son had put his arm in in when it slammed, or was Leaning in it, it could have been serious. Would they still shrug their shoulders and say oh whoops?

I'd be worried about what other things they're lax about

Was an accident / incident form filled in?
Risk assessment?
Got rid of it or still there?

Tightarseparent1 · 02/05/2019 13:30

I’d go down the legal route because there may be massive safety failings else where. It was absolutely preventable. And shocking that they would have a heavy object that was able to slam. What else is wrong there?

Original poster

Emilyyyy · 02/05/2019 13:31

It slammed on his finger when it slammed shut because I think he has let go of the lid.

They have got rid of the chest now. The manage said they have had it years and nothing like this has happened before it's just one of them things.

When I last spoke to them this morning they said that paperwork is being filled out about it... I haven't signed an accident form yet but with me going the hospital and staying with my son I haven't had time.

OP posts:

NotSoThinLizzy · 02/05/2019 13:34

I would take it further even if it's just to stop it happening again. Its basic knowledge really

SleepingStandingUp · 02/05/2019 13:34

It's understandable you've not had chance yet but please do ensure it's recorded properly, that you have a copy and that it's accurate.

Who was meant to be supervising the room? What were they doing? Is there a risk assessment for that room?

It's their just lack of responsibility that worries me. This WAS preventable and they chose not to

SleepingStandingUp · 02/05/2019 13:34

When was the Last OFSTED inspection?

Tightarseparent1 · 02/05/2019 13:35

The paper work should have been filled out immediately while it was fresh in people’s mind.

They will 100% minimise.

If you seek legal advice it will flag up many important factors eg last safety training ect..

Just because an accident hadn’t occurred before doesn’t mean that it was safe. And I bet they have moved it now..

Tightarseparent1 · 02/05/2019 13:36

Is there cameras in room? My dds has one in every room. I’d ask to see it tbh

Original poster

Emilyyyy · 02/05/2019 13:45

It was ofsted inspected 2016 and rated outstanding.

I don't feel like it was from lack of supervision because unless they were sitting right next to him and physically grabbed the lid it wouldn't of stopped it. He wasn't doing anything he shouldn't of been doing or wouldn't of been doing usually (he loves the dressing up clothes) the box shouldn't of been in the room at all.

No CCTV and yes they have got rid of the box

OP posts:

InDubiousBattle · 02/05/2019 13:46

Well accidents do happen but this sounds like an accident waiting to happen. The minimising alone would have me looking somewhere else tbh.

bonzo77 · 02/05/2019 13:49

If it’s any help, my 6 year old had a similar injury involving a heavy door and the repair 6 weeks ago. He had a 24 hour delay between accident and surgery. It’s healed beautifully. The nail is now half way back. I think the nail is going to be a bit deformed, but he has full use and normal sensation. Partial amputations have a good outlook as the blood supply is maintained while waiting for surgery. I really hope that your son has the same outcome.

Tightarseparent1 · 02/05/2019 13:50

Nearly three years ago?

MullofKintire · 02/05/2019 13:52

I would see a solicitor immediately.

This accident was entirely preventable. The risk of a box lid falling on a finger/hand is high in a nursery setting and the potential consequences (as you have discovered) are severe. A risk assessment would have done something to mitigate these risks. The nursery is negligent.

Original poster

Emilyyyy · 02/05/2019 13:54

Tightarse, I checked on Ofsted website any nursery given an outstanding only requires an inspection every 4 years

OP posts:

seastargirl · 02/05/2019 14:03

Have they reported to HSE, I would have thought that it should be under RIDDOR.

If they have any sense they will have sought legal advice which could be why they're minimising.

I'd be asking to view their risk assessments from before the incident and any done since as well as the fully completed accident report.

If the hospital are saying that there could be long term damage then you need to be starting gathering evidence in case you do feel you need to make a PI claim.

I'm not sure if I could trust leaving my child there if the accident was as obviously likely to happen as you say and the reaction was to seemingly take it seriously

twoheaped · 02/05/2019 16:55

My dd had an identical accident at nursery, caused by an extetnal door with no hinge cover/guard.
Firstly, the repair they did was bloody marvellous and although her thumb isn't normal, it isn't obvious. She is 16 now.

I did go down the legal route but only after a month, when it was looking like she needed to have plastic surgery due to the healing.

I never had an apology from the nursery but they did at least install finger guards after the incident.
To be fair to the nursery, they held their hands up to it and consequesntly, the case was settled in court after about 18 months. They didn't actually lie on the RIDDOR form but they didn't make it clear that the accident occurred at the hinge side of the door and not the opening side and I think more could have come of it had the HSE realised that.
The money is held in court funds and she will recieve it when she is 18.

youlemming · 02/05/2019 20:18

They have a duty to report it to Ofsted but if you feel they will not provide the full details of the seriousness of the accident then I would do a separate report myself.

Just because it hasn't happened in the past doesn't make it alright, sounds like the potential was there the whole time and they have been extremely lucky.

I hope your poor DS recovery quickly and any long term damage is limited

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