A child has a broken arm in kindergarten or camp. Who is guilty? In a children's camp in the Urals, a doctor treated a child's broken arm with brilliant green. What to do in such cases

In June of this year, 13-year-old Kostya went to while away his school holidays at the Horizon health camp in the Molodechno district. At one of the discos at a school camp, a classic scene broke out: either because of a girl, or because of mutual hostility, a conflict arose between a schoolboy and some guy who had not been in the camp before. Kostya got hit in the nose. The guy's father would not have attached much importance to the fight between two teenagers, but after communicating with the administration, the matter turned into police investigation and possible criminal proceedings.

I went to get better - broken nose

- If we ignore the severity of the consequences - a broken nose, then the situation is absolutely typical: the boys fought over a girl. It happens, sometimes it is necessary. But I was more outraged by the administration’s reaction to this conflict, - The boy's father tells the backstory. - On June 16, my ex-wife called me and said that Kostya’s nose was broken. I immediately tried to contact the camp management, where they told me that they knew nothing and promised to call me back. About 50 minutes later, the deputy head of the Horizon camp actually called me back, but the leitmotif of her call was not concern for the child’s condition, but an attempt to avoid litigation.

I immediately decided to take the child home, and at the same time leave an entry in the book of comments and suggestions, which I asked to prepare before leaving Minsk. What happened next completely undermined any faith in the integrity of the camp administration - the deputy chief gave me a “book of complaints,” which was a checkered notebook... It was not numbered, sealed and signed by the leader. For some reason, though, the notebook was tied... When I started photographing the notebook, the deputy chief tried to snatch it out of my hands, citing a ban on photography and video shooting in the camp. I did receive the book of complaints, but not immediately.

- I would like to receive a legal assessment of the administration’s actions. To the question “why are there strangers in the camp?” I was told that the guys were there with the permission of the administration, and the management referred to the mysterious order No. 37-17/31 of June 13, 2017. The children with whom I had the opportunity to talk said that these teenagers appeared with them from the very beginning of the shift. Why were they allowed there, on what grounds? - the man is perplexed.

The camp administration decided not to comment on the situation. “I don’t think it would be right to talk about the fate of children,” - The deputy chief answered in a telephone conversation.

What to do in such cases?

The response that Kostya’s father received from the Molodechno District Department of Internal Affairs stated that a criminal case can only be opened on the initiative of the victim himself or his representatives. This means that the boy's parents must apply to the court with such a request, after which the court will request the results of the police check.

- As it became known after the inspection, the guy who injured Konstantin was on the camp territory illegally - he went there along with other children from a tent school camp that was located nearby. By agreement with the administration, schoolchildren could come to Horizon, but this teenager was not in one or the other camp - he simply lived in a neighboring village - commented by the Internal Affairs Directorate of the Minsk Regional Executive Committee.

“That evening the police received a call from the camp, after which a squad arrived at the scene. After the inspection, a request was sent to the organization with a requirement to ensure proper access control.

On the one hand, if the administration had more strictly observed the access regime, no fight would have happened. On the other hand, a conflict can also occur between two schoolchildren from the same camp: sometimes it is difficult to foresee and prevent this. Therefore, we always recommend immediately contacting the police, who can document what happened. This will help not only to punish the perpetrators, but also, in the event of a serious injury, to claim compensation for moral damages and treatment. Such injuries can have consequences and negatively affect health in the future, so parents should not leave things to chance and sort things out personally, but immediately contact law enforcement agencies.

Who is guilty?

Who is responsible in such cases, explained lawyer Olga Sycheva:

- Since summer health camps, in accordance with Belarusian legislation, are educational institutions, they are equally subject to the provisions of the Code of the Republic of Belarus on Education. The latter, in particular, establishes the rights and obligations of participants in the educational process - students, as well as their legal representatives, which include parents, adoptive parents, guardians and trustees.

In particular, one of the responsibilities of an educational institution is to create safe conditions when organizing the educational process. Legal representatives of minors, among other things, have the right to protect the rights and legitimate interests of students; to become familiar with the progress and content of the educational process; obtaining information about all types of examinations (medical, psychological, pedagogical) of students.

At the same time, other rights and obligations of both students and legal representatives may be established by local regulatory legal acts of educational institutions, including internal regulations approved by the camp director. For example, the camp administration may prohibit outsiders from entering the camp territory or determine a special procedure for visiting the camp territory.

Children are enrolled in the camp on the basis of vouchers. The voucher, which contains the child’s details, is confirmation that the child is a student of the health camp.

Children are inquisitive people; they like to climb higher and further, not realizing the danger. Having played too much, the child does not notice anything around him. These circumstances often cause all sorts of injuries. In a kindergarten, where there are 10-15 children per teacher, falls are inevitable. But what to do if the baby breaks his arm in kindergarten?

The kid broke his arm in kindergarten. Who is responsible for the child's injury?

According to the Education Law, during the entire educational process, the teacher (in kindergarten) or teacher (in school) is responsible for the life and health of the child. This means that from the moment you notify the teacher about this, he is obliged to monitor the well-being of the child.

In addition to the general law, there is a charter of an educational institution, which clearly states the actions of educators in the event of a child being injured. .

Namely:

1. The teacher must call the nurse.
2. If this is not enough, an ambulance is called.
3. Notify parents immediately.
4. Determine the cause of the injury.

You should explain to the baby that it is important to be careful, especially if the mother is not around. The teacher is personally responsible for each child entrusted to him, but this cannot be a 100% guarantee.

What to do if a child breaks his arm in kindergarten?

What steps should parents take if their child is seriously injured in kindergarten:

1. Immediately after you are informed about the injury, you need to check the child’s condition , to clarify what assistance was provided to him.

2. Then you should request the drawing up of an incident report; it should indicate:

• Time of injury.
• Circumstances surrounding the incident.
• Alleged culprit.
• Last name, first name and patronymic of the teacher on whose shift the incident occurred.

The points listed above must be included in the act on the day of the incident.

3. Then you should take the child to the emergency room .

The doctor will examine the baby, provide the necessary assistance and give his recommendations. You should also immediately ask for a certificate about what kind of injury and when it was received. It is best if not just the mother, but one of the adults goes with the child. Since a mother, busy with her child, may forget to ask or clarify something.

4. Contact the administration of the educational institution for clarification and resolving the situation.

In this case, two scenarios are possible:

• First

The administration acknowledges the fact of the incident and meets the parents halfway. If you have no complaints against the kindergarten staff (help was provided to the child in a timely manner and you did not see negligence in the actions of the teachers), then you can limit yourself to drawing up a report, a formal investigation without involving law enforcement agencies. The teacher will most likely receive an entry in his personal file. The administration will apologize to you, it is quite possible that they will pay you financial compensation for the medications; moral compensation is less likely. And this will be the end of the situation.

• Second

More unpleasant and costly. The administration of the institution refuses to cooperate. In this case, parents have the right to write a statement to the prosecutor's office about the criminal negligence of the teacher and the intention of the kindergarten manager to hide the situation. The prosecutor's office will conduct an investigation and, based on its findings, decide whether or not to transfer the case to court.

But you don’t have to write to the prosecutor’s office. If you do not want to initiate a criminal case, but only receive compensation, you can file a lawsuit. True, you cannot do this without the help of a lawyer. Such a development of the situation will require time, effort and money from parents.

What do you need to file a claim in court?

1. A certificate from the emergency room describing the nature of the injury and the exact time of seeking help
2. Report from kindergarten about what happened
3. Documents confirming expenses.
4. Act on pre-trial settlement.

One mother shares her experience in a similar situation: “My son broke his leg in kindergarten in May. I found out about the child’s injury when I came to pick him up from kindergarten in the evening. The teachers did not notify the parents and did not provide the child with appropriate assistance. So that the child would stop crying and complaining, they said that they would call an ambulance and the child would go to the hospital alone.”. And my mother, when she began to understand the situation, was told that they thought it was just a bruise.

The administration refused to resolve the situation peacefully. The child's mother wrote a statement to the prosecutor's office. They conducted an investigation and found out that the teacher had been disciplined. At this point the investigation was completed and the transfer of the case to court was refused. The parents of the injured child personally filed a lawsuit against the educational institution demanding financial compensation for missed classes in the sports section, reimbursement of the cost of legal proceedings and legal services, as well as moral compensation.

Often parents do not want to come into conflict with the administration, they are afraid of making things worse for the child. But it is always worth knowing your rights and the rights of your child. The administration can also put pressure on parents by threatening a counterclaim or proving that the claim you filed will be rejected.

As legal practice shows, the court in most cases takes the side of the parents. Of course, no amount of money can speed up the recovery of a broken arm or help a child quickly forget the neglect he experienced from his teachers. But people responsible for the safety of children must understand the full extent of their responsibility and take their work more seriously .

“We sent our son to a children’s camp, and a few days later the child broke his arm while playing. Tell me what should we do? Naturally, my son was given first aid and a plaster cast was applied at the nearest hospital, but the rest was already ruined early on. It is clear that all children are active and such troubles are not uncommon. But I still think that the teachers made an oversight. Where can we complain?” - one of the portal’s regular readers addressed this question to the editor.

What to do if your child is injured at a summer camp, the correspondent was explained in one of the capital's law offices.

According to statistics from previous years, on average, about 800-900 children are injured during a recreational season (with a total number of vacationers of about 65 thousand). On the one hand, the statistical figure is not significant - a little more than 1%, but 900 traumatized children is a frightening number, especially since each individual story involves tears, worries, etc. Severe injuries (fractures, concussions, burns) account for 10% of the total, the rest are abrasions, bruises, etc.

Any parent who learns about, say, a broken arm of a child at a health camp, will immediately rush to him. But in such a situation, a lawyer advises, first of all, to put aside emotions. If you want to punish the guilty, act consciously and correctly from the very beginning.

Firstly, you must have certificates from the emergency room, hospital - every medical institution where your child received care. You must also have with you originals or copies of documents (vouchers/contracts) confirming that your child was in a children's health care facility at the time of injury, which was fully responsible for the safety of his life and health.

With such documents, you have the right either through a lawyer or in person to contact the Investigative Committee, where they are required to consider your complaint. As the reason for the investigation, indicate negligence in official duties resulting in injury to the child.

After consideration of the case, depending on the surrounding circumstances, the administration of the children's camp or the teacher directly will bear either administrative or even criminal liability, because They are the ones responsible for the safety of your child while in the camp.

Moreover, you can also go to court to recover moral compensation for harm caused to the child’s health, ruined vacation, etc. in the amount of the cost of the trip or any other amount that the bailiff will appoint after considering the case.

Natalia Nazarenko

A scandal broke out at the Sosnovy children's camp in Kushva, which made parents all over the country think about the qualifications of doctors working with their children in children's health camps this summer.

In Sosnovy, a boy who fell and suffered a severe fracture of his arm was treated by a doctor for two days the most ordinary greenery.

During outdoor games, the child fell and immediately complained of pain in his arm.

The doctor at the children's camp examined the pupil, said that he had a bruise, smeared him with brilliant green (it is not clear why), and released him.

The next morning the arm was swollen and mobility was limited. The boy went to the doctor again, but heard in response that he was a “malingerer” and a “crybaby.”

The hand was anointed with brilliant green again. On the third day I couldn’t stand it anymore.

The boy called home and asked his parents to pick him up because his arm hurt and couldn’t move.

The mother arrived, picked up her son and took him to the children's hospital in Yekaterinburg. The surgeons immediately made a conclusion - severe compound fracture with displacement.

For now, the child was put in a plaster cast, but was warned that he might have to undergo surgery later if the displacement cannot be corrected.

Only after the situation was made public did the camp director apologize to the parents.

Now the prosecutor's office has taken over the "safety" of children's recreation.

They have many questions both about the qualifications of the medical worker, who did not recognize the obvious injury, and about the administration of the children's camp, which did not consider it necessary to notify the parents about what happened within two days. According to the agreement between parents and management, teachers must notify mother and father, if the child gets injured or gets sick.

While the boy was being treated by surgeons in Yekaterinburg, an incident occurred in the same camp. mass poisoning children with poor quality nutrition. Now it is possible that the camp will be closed ahead of schedule until all the circumstances are clarified.