Many kids experience a broken bone at some time during childhood. Whether the injury happens because of riding a bike or jumping on a trampoline, suffering a broken bone is part of growing up—but what should never cause a broken bone is negligence on the part of the daycare provider.
How Negligence Can Lead to Broken Bone Injuries at Daycare
A broken bone doesn’t have to be caused by deliberate physical abuse at a daycare in order for the facility to be held liable for the injury. There are other reasons the daycare could be held liable, including the following:
- If daycare workers are not paying attention to the children because they were allowing themselves to be distracted by their cell phones or personal conversations, they are negligent.
- If there were not enough staff members to safely care for the number of children, then the daycare could be responsible for any resulting injuries.
- If the playground equipment was unsafe and a defect caused a child to fall and break a bone, then the daycare could be liable. However, liability only occurs if the daycare staff knew or should have known about the problem.
- If unsafe or hazardous sidewalks or driveways cause a child to slip and fall, the daycare could potentially be liable.
While some accidents might be unavoidable, many more could be prevented if daycare workers followed safety guidelines, eliminated hazards, and supervised those in their care responsibly.
Complications That Can Result After a Broken Bone
Because a child’s bones are still growing, they are vulnerable to an additional type of fracture than adults experience: damage to the growth plates at the ends of the bones. These growth plates are essential for regulating future growth. Growth plates are the weakest part of the bone, so injuries there are not uncommon. Because growth plates are made up of cartilage rather than bone, these fractures can be difficult to diagnose—even with an x-ray.
If this part of the bone is damaged and does not heal properly, it may grow more slowly than other bones in the body or it may grow at an angle. The impact on the bone’s growth is not immediately apparent, so children must be monitored closely by their pediatrician for 12 to 18 months to ensure there is no permanent damage.
In some cases when the growth plate is damaged, the child will need surgery to help minimize the risk of future growth problems. Fractures that occur near the elbow are particularly vulnerable to healing abnormally, and these cases are often referred out to a pediatric orthopedic specialist. Some children may experience loss of mobility after a bone break, and they might need physical therapy afterward.
While you cannot go back and undo your child’s injury, you can get them the best medical treatment possible to minimize current pain and future complications while protecting their legal rights by contacting an experienced daycare negligence attorney.
What to Do if You Suspect Your Child’s Broken Bone Is a Result of Daycare Negligence
If you think your child’s daycare was negligent and this negligence led to your child breaking a bone, you should report your concerns to the daycare. If the daycare is unwilling to look into the situation, you should notify a daycare injury lawyer immediately. Write down as many details as you can about the circumstances that lead to your child’s injury.
We welcome you to contact The Button Law Firm to discuss your options. We can help you file a civil claim to seek compensation for medical expenses, your child’s pain and suffering, lost income if you couldn't work, and other costs you incurred because of the daycare’s negligence. A lawsuit can also help ensure that other children do not suffer similar injuries. Schedule a free, no-obligation initial consultation today to learn more.