When a child is injured at daycare, as a parent you will want to know why. Understanding what happened helps you to process the incident and deal with the fallout. While many daycares are top-tier facilities with protective policies in place for all the attending children, it is all too easy for incidents to happen. Whether it was through accidental events or active neglect, there should always be a thorough investigation when a child is harmed. So, if you find yourself in this unfortunate position, take these steps and get the answers you need.
When an incident occurs at daycare, employees on the scene will be able to offer basic first aid. It is a legal obligation for all staff in a caring role looking after small children to have some level of first aid training, but this is obviously limited in terms of what they are able to achieve. Whether you think the injury is serious enough to warrant medical intervention or not, it is the responsible thing to do to take your child to a doctor to have them checked over. Sometimes, secondary injuries are just as serious as superficial ones, and a medical professional will ensure all bases are covered. It is also good to have a medical report for the investigation process that will inevitably follow.
The next step is to request an incident report from the daycare facility. At the time of the accident, or just after, the staff caring for your child should have filled in their own version of an incident document. This should state exactly what happened and why, when the incident took place and what action was taken afterwards to make the child safe. If the daycare fails to provide this, you must chase them until it appears. False reports are a legal liability, so it is in their best interests to provide a truthful account more than anything else.
When you have the report, it is time to let the Department of Family Protective Services know what happened from both your perspective and that of the daycare in question. They are obligated to investigate any injury incident to ensure a strong level of practice within these vital services. When the government fails to implement sufficient standards, they are also liable if they are found to have played a role in mismanaging or otherwise.
If the injury was severe enough, and you suspect neglect played a role, it is time to take your child away from the daycare until you are satisfied there has been a complete investigation and action to prevent future incidents. Admittedly, this is inconvenient, especially for parents with work commitments to navigate, but it is the best thing to do in order to protect your child from any further harm.
Why is it always important to report daycare injuries to the authorities? The reasons are simple.
It is not just your child who is at risk. If an accident happened, and it is because someone was not doing their job properly or the facilities are not up to the correct standard, other children are also being put at risk of something similar happening to them. You are in a position here to stop this from taking place, and you should absolutely act on that.
Uncovering poor practices serves the greater good of the local community. It enables other parents to seek clarity about the levels of care being provided and exposes any risks to children in future cohorts too.
As a parent, you probably won’t be able to rest until you have figured out exactly what happened and why. This is only natural and is driven by primal instinct. Peace of mind is only going to be granted if you do everything in your power to find out the answers and stop anything else from going wrong.
If you decide to file a claim when the time is right, the fact that you reported the incident will make it that much easier and more reputable.
Act when you feel confident to do so, but don’t miss the window. Having an attorney to walk the path with you makes navigating it all a lot easier, and that is why any parent in this position should visit our offices as soon as possible to get the advice they need to move forward. You can find Custodio & Dubey at:
445 S Figueroa Street Suite 2520 Los Angeles, CA 90071
Call now for a free and confidential consultation on (213) 593-9095.