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Center won’t pay after boy hurt in their care

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NORMAN, Okla. -- A boy with special needs fractured a bone after falling in the bathtub at a health care facility in Norman.

"He's been through so many surgeries already. He was just able to start taking steps to walk again," Mary Jenkins said about her son, Isaiah.

The incident is likely to set back the 15 year old.

Jenkins said he fell from a chair as a staff member was bathing him.

"He dropped me on the floor," Isaiah said.

At the hospital, doctors said he had bruising and a contusion.

Through x-rays, another doctor determined he has fractured femur.

The family said the facility doesn't want to pay for treatment.

"They don't want to be held liable for the situation. I wasn't looking for anything monetary, I was just looking for them to do what was right for my child," Jenkins said.

She and her husband said they met with staff members who assured her they would take care of the situation.

She said later they received a call saying that would not happen.

Jenkins said, "They say they are behind the children 100 percent. How could you be behind the children 100 percent when you don't even want to pay the cost for his medical bills that was due to clear neglect, clear neglect from your facility?"

Hospital discharge paperwork states it could take up to six months for the bone to heal.

The family didn't plan to sue, they just wanted the company to take responsibility.

"It's about taking care of my son, that's all it's about. Everybody is like, 'Se hear what you are saying' but they won't do anything about it. It's like they have cotton in their ears," Maurice Irving said.

By phone, a spokesperson for J.D. McCarty told us, "Patient safety is our number one concern. The parents were contacted immediately. We self-reported it to the appropriate agencies. We paid for three different hospital exams."

"But we have information stating that he has a fracture due to the fall that happened on your property while he was in your care," Jenkins said. "How can you actually dispute that?" 

"When you have chair or any device, it has to be used properly and if they do not use it properly, it becomes negligent. That negligence is what causes them to be liable," attorney David Slane said.

It is important to note the family said they were happy with the facility and Isaiah enjoyed being there until he fell.

They said this is the only incident of which they are aware.

No word yet on how much the boy's treatment will cost.

We'll keep you updated.