Two year old suffers buckle fracture at daycare...

by Anonymous
(Ontario,Canada)

Our 2yr old suffered a buckle fracture while at daycare. The daycare doesn't know when or how it happened. They are being good about the incident and very caring but we are upset.

She was in a soft cast for a week and has trouble walking right now, but the surgeon says she should recover fully. Can I sue or take any other legal action against the daycare?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Two year old suffers buckle fracture at daycare...":

Anonymous (Ontario, Canada):

Torus, or “Buckle Fractures”, appear quite often in children. They appear more often in children under the age of 5, but have been seen in children much older. These fractures normally occur because children’s bones are still forming and as such are softer than adults’ bones.

Buckle fractures are those which occur when one side of the bone “buckles” under the weight of the other side. A good way to understand the buckling effect is to remember when you were walking and stepped on an uneven piece of ground. When you did your ankle buckled and twisted badly.

Think of the ankle injury and compare it to your son’s leg buckle fracture. The treatment for your son’s Torus fracture was a cast. Most buckle fractures require casting for about three weeks. Your son’s fracture must have healed quickly, and that's always a good sign.

Taking legal action against the day care center is possible, but before you do consider this...

To do so you will in all probability end your relationship with the center. Most people in your circumstance would not want to keep their child in the same day care center they are pursuing a legal claim against, especially if a lawsuit becomes necessary.

You will also have to prove the day care center was negligent. Just because your child’s leg buckled does not necessarily mean the day care center did anything to cause it to buckle. Children's legs often buckle without any outward force. They buckle sometimes under their own weight.

Please keep in mind nothing in this answer should be construed to be medical advice.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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