Girl getting elbow examined by doctorWhat Happened at This Texas Daycare?

A 3-year-old girl’s elbow was dislocated when a worker at a Fort Worth daycare yanked her by the arm several times one day in July 2021. Despite the girl crying and holding her arm in pain, the daycare chose not to contact the girl’s mother, emergency medical services, or the state of Texas to report the injury, which was caused by an inappropriate discipline method. Once the girl’s mother picked her up from daycare and clearly saw her daughter’s pain and distress, she demanded to view the daycare’s surveillance cameras to determine what happened. The footage revealed that the daycare employee wrongly touched, grabbed, yanked, and pulled the toddler, causing her injuries.  

The toddler’s mother contacted our experienced Texas daycare injury lawyers at The Button Law Firm to hold the daycare accountable for her daughter’s injuries and get justice. The family was able to cover expenses and provide resources needed to help their daughter move forward, thanks to justice secured by our legal team.

How This Fort Worth Daycare Broke Laws Meant to Protect Children

The state of Texas has strict childcare laws, also known as minimum standards, to keep children under the watch of daycare centers safe. However, this daycare in Fort Worth operated a facility that neglected to follow several of these standards in an attempt to protect the business and not damage its reputation.

On the day of the incident, the mother called law enforcement to the daycare. The facility’s director instructed the worker involved in the incident to go home in advance of the police officers’ arrival. Just a few days later, the daycare allowed the worker to return to the facility and continue taking care of children.

An independent investigation conducted by the state confirmed that the reckless acts of the Fort Worth daycare’s staff caused the young girl’s injury. Specific failures included the daycare center neglecting to:

  • Employ caregivers who demonstrated good judgment and competency
  • Use age-appropriate and non-corporal punishment methods
  • Notify parents of any situation that placed the toddler at risk
  • Ensure that no child is abused, neglected, or exploited
  • Report all incidents involving a child’s serious injury to the Department of Family and Protective Services
  • Complete an incident report following the little girl’s injury
  • Train the staff on how to appropriately discipline, handling, and care of children
  • Supervise staff on appropriate discipline methods, handle, and care for children
  • Provide the girl’s parents with a copy of a completed incident report

Following the investigation’s findings, the Fort Worth daycare was given a safety plan to execute, including firing the worker responsible for the girl’s injuries—the daycare decided to retain her as an employee.

The Fort Worth daycare’s track record with the state showed it had a history of lackluster compliance. The childcare facility received 13 citations starting in June 2016 and leading up to the month of the incident involving the young toddler.

How The Button Law Firm Helped This Texas Family Move Forward

The 3-year-old girl—who was unable to move her left arm and kept it close to her body while crying in pain immediately following the incident—suffered significant physical injuries. Medical professionals at Cook Children’s Urgent Care Clinic diagnosed her with a dislocation known as nursemaid’s elbow. It was determined that when the child’s arm was forcefully pulled, it caused the dislocation of the radial head, which lead to displacement of the annular ligament. The ligament was then trapped in the elbow joint. This little girl underwent medical procedures and was forced to wear a cast while her body healed from the injuries.

In addition, the girl suffered psychological injuries because of the traumatic incident. She regressed in her potty training and developed sleeping issues, and when her cast was removed, she would not let anyone near her arm. She attended counseling, play therapy, and developmental assistance to address her behavioral issues and regression following the incident at the Fort Worth daycare.

Thanks to our team at The Button Law Firm, the daycare was held accountable for all of its wrongdoings. The family was able to cover medical expenses and provide resources needed to help the little girl move forward with a settlement secured by our legal team.

How The Button Law Firm Can Help Your Family With a Texas Daycare Injury Case

If your child was abused or neglected at daycare, contact our knowledgeable Texas daycare injury attorneys at The Button Law Firm. We are experienced in working on cases involving children, like this case where a young girl was hurt by daycare workers. Our attorneys will listen to you and your child to assess the situation and determine how a daycare failed to protect your child in its care. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form below for a free consultation.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.