Recently, Mr. Li of Hebi, Henan Province, reported to the surging quality report complaint platform (https://tousu.thepaper.cn) that his son accidentally fell in the kindergarten on June 4, 2021, resulting in a fracture of the right humerus condylar. In early December, he and the kindergarten side repeatedly negotiated about the child's fracture, but the two sides never agreed on the payment of nursing fees.
On January 4, 2022, The Paper intervened in the matter after receiving a complaint from Mr. Li. The next day, the kindergarten responded that it is still in the consultation stage, and regarding the specific recuperation time and compensation details, it hopes to be determined with parents through medical institutions and judicial departments. The next step will be to seek litigation channels, the court will decide the specific amount of compensation, and the park will actively cooperate with the relevant compensation standards.
The diagnosis certificate of Mr. Li's child in June last year
Consumer Complaints:
Mr. Li introduced that at 11 o'clock on June 4, 2021, he watched the kindergarten monitoring as usual and found that his 4-year-old son looked abnormal, and called the kindergarten teacher's phone many times, but he did not get through. The child's mother went to the kindergarten to check and learned that when her son stood in line, he was accidentally stepped on by the children behind him and fell down. At the request of his wife, the child was sent to the Orthopedic Department of Hebi People's Hospital for diagnosis and treatment.
The outpatient medical records provided by Mr. Li show that the child was diagnosed with a fracture of the right humerus supylar, and the diagnosis and treatment opinion was external fixation of the brace for one month. Mr. Li said that after treatment, the child was recuperated at home for 45 days until he resumed school on July 19.
In early December, Mr. Li negotiated with the kindergarten about the child's fracture. He said that the kindergarten paid for medical expenses and rehabilitation costs in the early stage, and the resulting nursing expenses should also be paid by the kindergarten. However, the park said that it would only pay for the nursing expenses during the working day, and the nursing expenses on holidays would not be compensated. That is, 45 days in addition to 15 days of holidays, only 30 days of nursing expenses are compensated, plus 1,000 yuan of nutrition costs, a total of 5,000 yuan. The two sides disagreed on this issue, and later consulted twice, but still did not reach an agreement.
Mr. Li believes that it is not reasonable to have nursing expenses only on weekdays, "There is no nursing fee at other times, is this child hanging out on Fridays?" At the same time, although the child's right arm function has been restored, the flexibility has not yet returned to the normal level, "whether the park supports the resulting rehabilitation costs, they have never expressed their position."
The child falls in the kindergarten
Kindergarten Response:
On January 5, the surging news contacted the kindergarten involved in this matter, and a person in charge responded that the kindergarten paid medical expenses and rehabilitation fees in the early stage and always actively cooperated with parents to negotiate various matters. The 45 days of rest at home are difficult to define because the cast has been removed about two weeks after the accident. Coupled with the impact of the epidemic and other factors, all kindergartens were suspended for a period of time. After the Education Bureau notified the unified opening of the kindergarten, Mr. Li's children arrived at school normally at this time with other children.
The person in charge believes that "the length of recuperation from illness needs to be further approved", and he denied mr. Li's claim that "compensation for the difference between working days and holidays" was denied. The person in charge said that the 5,000 yuan previously given by the park side was a care fee, and the next step would be to seek litigation channels and the court would decide on the specific amount of compensation.
Regarding the child's subsequent rehabilitation costs, the above-mentioned person in charge said that this requires a third-party professional medical institution to issue relevant certificates and conduct professional appraisals. After the doctor's appraisal results come out, the park is willing to actively cooperate.