Kindergarten staff negligence

10 posts in this topic

Hi,

Yesterday, my 4 years old daughter fall during climbing a rope in kindergarten and broke her arm. According to her, nobody was around but after some time a carer watched her cry and asked what happened. Anyways her arm was swollen but somehow staff at kindergarten assumed that it wasn't serious while actually it was a broken arm, so they didn't call any emergency doctor and after sometime they called us that your daughter had an accident, it's nothing serious but she will not stop crying so please come and pick her up. We live a bit far from kindergarten so it took my wife around half an hour to reached there. One carer had some ice on her arm and they were persistent that it's nothing serious. In the meanwhile, I also reached there and at this time, it would be around 2 hours since the accident happened. I asked the secretary at kindergarten that why didn't you call an emergency Dr and answer was that it wasn't serious and we only call emergency Dr when it's very serious. Anyways speechless, we left there for hospital and Dr confirmed that its a Borken arm so they performed a surgery.

 

Now my question is, is it normal what that Kingarten secretary stated about calling emergency Doctor. My daughter was in  absolute pain for about 2 hours just because they assumed it was nothing serious. What other options do I have, can I take any legal action against kindergarten.

 

Thank you for your time for reading this post and I will highly appreciate any kind of advice in this regard.

 

Thank you.

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I had terrible experiences with German kinderkrippe and kindergarten. My son had a few accidents and was brutally spanked once, and the caretakers said nothing! The kid had blood all over his face once! They did not clean him, they said nothing related to the incident, nothing!

Shit system, even the private.

Now he is at an international school and we get a nurse (permanent staff) report even for small things.

 

My theory: Germans expect this. Either your kid survives or he is not worthy.

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If only it is not a crime, it would be good if you can slap the doctor’s report to that kindergarten staff and make her eat it. 

 

My German workmate’s son lost 2 front teeth in a kindergarten when he slipped and fell down the stairs because the floor was slippery and he was asked by a staff to get something outside alone when kindergarteners are supposed to never be by themselves unattended. It was apparent neglect. You know what my workmate did? They let it slide because they don’t want to find another kindergarten for their child. 

 

Forgive me for saying this but many Germans don’t mind taking crap and they just let crap keep coming to them without fighting back. It’s fascinating in a way. This is why there are too many impertinent workers in general or neglectful kindergarten staff, because they hardly get into trouble for not doing their job. 

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I think that you have every right to be angry.  If I was you I would be pursing this along the lines of.

 

Accidents happen but:

  • A child that cries constantly for 1 hour is obviously in serious pain.  
  • How can staff not recognise an injury as serious as a broken arm, which is so bad that it required surgery. 
  • Why did the staff not take a cautious approach and call a doctor.
  • Are the staff adequately trained on first aid, is the training up to date.
  • Why do the Kindergarten not have better procedures for recognising and dealing with serious injuries.

 

I would then see what their attitude is. 

If they are apologetic and sympathetic then I would push them to review their procedures in-house and if I was satisfied that things would change and improve then I would consider leaving it there.

If they are dismissive and defensive then I would take the complaint higher to the authorities.  Although, I have no clue to whom or how to do this.

 

 

As for legal action.  What do you expect?  Compensation?  If so, then I doubt you would get anywhere with this.  Germany does not have a compensation culture and unless you can prove that you have financial loses due to this (and even then sometimes) then you won't get far.

If you want to ensure that there are consequences then go to the authorities after talking to the Kindergarten first.

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Thank you everyone for your time and answers, appreciate it a lot. 

 

@dj_jay_smith

Question about taking legal action wasn't about compensation, I should have been more clear, it was rather about making sure that they don't throw this incident under the carpet and to make sure there is some kind of internal inquiry at least  and consequences.

 

I don't know who to contact in case kindergarten staff doesn't even acknowledge their mistake. Is there is any higher department in which I should speak to, jungendamt may be? But will they be neutral enough to take any action.

 

Thank you again.

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Both times my children had minor accidents the school rang me, and I took them to hospital.  Well if I am honest, I waited a bit before doing so  Ice and immobilising absolute standard.

 

Teachers (and me too for that matter) use their judgement about how hard/what sort of impact and how much pain.   When a boy, playing football on the uneven paving , managed to give himself a spectacular compound  fracture of his leg the school of course called the ambulance.  Same for any more serious falls in sport, etc. and things involving heads and spines.  I guess it was maybe a bad call.  But a Notarzt every time a child hurts their arm or twists their ankle....?   Mind you I am from the UK and there is no way you call an ambulance, let alone an emergency doctor, for a possible minor break or sprain.

 

Internal inquiry and consequences?  Consequence for the compound leg fracture was football was banned.   Perhaps remove ropes and any other play equipment?

 

This is different I think from what @MikeMelga experienced which sounds much more neglectful.

 

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Just to play devil's advocate, I recall when I was about 10 or 11 or so. A group of friends and I were playing, I dunno exactly what, just rough-housing, "play fighting" like action heroes, whatever. No evil intent, all good fun. During this, one of my friends jumped on another's back (a kid a little big for his age, and heavy-set). This kid grabbed the first's arm, and tried to swing him off his back, sort of turning him, and at the same moment falling on him with all his weight. 

 

He said his (fore)arm really hurt, and he was on the verge of tears, but wasn't actually crying. We saw his arm, it looked like normal, maybe slightly reddish, but nothing seemed amiss to our young eyes. He could move his arm, but it really hurt to do so. We played on, while he sat out, until recess ended 5 or so minutes later. Getting back to class quickly led to an ambulance being called. As it later turned out, his forearm was shattered, the two bones broken in several places. He needed to wear a cast with pins sticking out for months. His parents actually (unsuccessfully) tried to sue the school, and eventually switched him to another school. We never saw him again.

 

When referring to bones, "broken" can mean a lot of things. It is at times not always clear how serious a medical emergency can be until later. Being a kid involves some risk. Your daughter climbed a rope when she probably shouldn't have, nothing wrong with that, and has now learned a valuable lesson. She'll know her limits when playing, but should be encouraged to keep playing and trying.

 

However, I think not consoling or investigating a crying child, and then dismissing the seriousness is very flawed behaviour! For that, these "carers" should be ashamed and certainly you should pursue this further. I wouldn't expect a payout or something though, Germany isn't like that (thank gods).

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Its certainly sad to hear that a kid has a broken arm.

 

On the other hand, if the staff would allow kids to activate "global center of attention" mode by crying,hell would break out in that kindergarden. Sorry to be that blunt, but kids try to be the center of the universe and try specific things out (e.g. crying) and the kindergarden staff is learned at ignoring those games of attention.

 

After some time it was realised that the kid really has pain, the arm was ice packed,and you were called.

 

After all, it wasn't a life threatening thing,was it? The emergency ambulance is there to support people on the verge of dying...

 

And let me ask you a question: Did the Doc realize it was a broken arm before or after x-raying? 

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Thank you all again for all of your valuable input. May be I just expected that kindergarten carer are well trained and will know when to call doctor. Her arm was swollen and she couldn't move and as I stated she was in pain of broken arm for around 2 hours and they were still of the opinion that nothing was serious.

 

@franklan to be very honest, dr told us that arm was broken just by looking at it without x-ray. It was in pretty bad shape. 

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