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A 1-year-old girl was sick with a fever when caregivers at her daycare center in Houston attempted to put her down for a nap in October 2023. The little girl was visibly ill, yet caregivers did not check her temperature. Instead, they left her in a sweater jacket and covered her with a blanket for a nap.
Within minutes of being laid down, the little girl suffered febrile seizures because of her untreated high temperature. However, it took more than an hour for caregivers at the Houston daycare center to notice. Once they did, the caregivers simply removed the blanket and layers of clothing from the girl and attempted to soothe her back to sleep. Even though surveillance footage showed caregivers looking concerned, neither they nor the daycare center’s director contacted emergency medical services or the girl’s parents right away. The little girl seized again.
Two and a half hours after the girl’s first seizure, the daycare center finally contacted her parents, but the caregivers didn’t tell them the whole truth. Doctors treated the little girl for a fever, but her parents did not find out about the seizures until days later. That’s when they reached out to our experienced Houston daycare injury lawyers at The Button Law Firm. We fought to hold the Houston daycare center accountable for its multiple failures that endangered the little girl’s health. With our help, the family obtained a life-changing result.
How Did the Houston Daycare Center Break Texas Childcare Laws?
Licensed daycare centers in Houston are required to follow the state’s childcare laws, also known as the minimum standards. This includes ensuring that caregivers are properly trained to recognize signs when children are unwell or in distress. The minimum standards also mandate that daycares have protocols in place so that caregivers can respond quickly and get children the necessary medical help in the event of a health emergency, such as a severe allergic reaction or, in this case, a febrile seizure.
Fortunately, surveillance cameras at the Houston daycare center captured the entire incident. Caregivers failed to properly respond on three separate occasions when they did not perform the simple duty of checking the 1-year-old girl’s temperature, even though it was clear that she was ill.
In addition, the minimum standards require caregivers to maintain close visual and auditory supervision of children at all times, even during naptime. In this case, the little girl was not closely monitored while she was napping. Surveillance footage captured her body jerking and making sudden movements within minutes of being put down for her nap, and right before the daycare director entered the classroom. The director glanced at her but did not check her for a fever. Thus, the little girl’s body continued to move unnoticed for more than an hour.
Once her body actively seized for a second time, a caregiver notified the director. Instead of contacting emergency medical services, as required by the minimum standards, the caregiver simply removed layers of the little girl’s clothing, including a sweater jacket, and tried to calm her back to sleep.
Finally, after the child seized a third time, a caregiver removed the child from the daycare classroom and sought help by calling the child’s parents. The center simply told the parents that their daughter was not feeling well and had a fever.
Three days later, caregivers at the Houston daycare center called the parents and revealed the truth about the incident: Their daughter suffered febrile seizures as a result of her untreated high temperature.
An independent investigation conducted by the Texas Department of Health and Human Services found the Houston daycare center violated three key minimum standards, including caregivers and the center failing to seek emergency medical attention for the little girl, not providing the little girl’s parents with accurate details about the incident, and not giving the parents a copy of the incident report that detailed the medical emergency that she suffered in their care.
How Did The Button Law Firm Secure Justice for this Houston Girl and Her Family?
Once the parents were aware of the severity of their daughter’s injuries, three days after the initial incident at the daycare center, they took her back to the local hospital to be evaluated. There, doctors confirmed the 1-year-old girl’s presenting symptoms were consistent with febrile seizures.
Because the caregivers at the Houston daycare center failed to initially notice her symptoms and delayed emergency care, the 1-year-old girl was left uncomfortable and in distress while unable to articulate how she felt. Thus, she developed anxiety and became clingy to her parents, wanting to be held so often that her mother could not use the bathroom alone. The little girl even sought out a pillow to touch and soothe herself for comfort.
Thankfully for the 1-year-old girl and her family, our experienced and compassionate daycare injury lawyers fought to get justice. We held the Houston daycare center accountable for its failures, including a lack of caregiver training and emergency response, and an attempt to cover up a serious incident. With our support, the little girl and her family were able to access the appropriate resources to help her heal from her injuries and move forward.
Contact The Button Law Firm If Your Child Was Injured at a Daycare Center
If your child was endangered or physically or emotionally injured at a daycare center anywhere in Texas, contact our experienced daycare injury lawyers at The Button Law Firm. With offices in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers 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, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.
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