Central Texas Daycare Center Found Negligent in Toddler Seizure Case

How Did This Central Texas Daycare Center Break Childcare Laws? 

The hard-working mother expected that her son would be safe at the daycare center and that the center and its caregivers would operate per Texas childcare laws, also known as the minimum standards. That trust was shattered when her son suffered a seizure because the center breached its duty: Caregivers failed to use good judgment, did not follow the proper protocols for seeking medical care when a child was obviously sick, and did not report a serious illness to the parent.

The Central Texas daycare center was responsible for hiring and training qualified caregivers. Per the minimum standards, daycare centers should ensure their caregivers know the standards and operate their classrooms in compliance with them. This includes caregivers recognizing the red flags of sick children and understanding the required protocols for their care, such as providing the appropriate medical attention and contacting parents to pick up the child for immediate treatment by a healthcare professional.

The caregivers in this case were unaware or chose not to follow the proper protocols. Instead of using a thermometer to accurately take the boy’s temperature, they used the back of their arm and guessed he did not have a fever. This poor judgment caused the little boy’s temperature to rise untreated for several hours, which ultimately contributed to his suffering a febrile seizure.

In addition, the caregivers did not notify this boy’s mother of his illness until the end of the day, when she arrived to pick him up, and they provided her with inaccurate information when they told her he did not have a fever.

The minimum standards also expect daycare directors to monitor caregivers by randomly visiting classrooms to ensure caregivers are in compliance with the minimum standards. If a director notices a child who is unwell during their rounds, they are required to act and follow the proper procedures regarding notifying the child’s parents and providing any immediate medical treatment.

An independent investigation into this incident, conducted by the state, cited that the Central Texas daycare center found the center’s employees and caregivers lacked the competency, good judgment, and self-control to work with children.

Sadly, the Central Texas daycare center’s failure to properly care for this 3-year-old boy was not an isolated incident. Two years prior, the parent of another child found the 1-year-old boy crying alone and unsupervised on the daycare center’s playground at the end of the workday. Caregivers at the daycare center were unable to explain how the young boy wandered outside of the center or how long he had been locked outside.

These incidents and 15 other citations the daycare center received from the state over the course of three years can easily conclude that this center did not prioritize child safety and the minimum standards.

What Injuries Did the Toddler in This Case Suffer at the Central Texas Daycare Center?

The 3-year-old was unconscious and actively seizing upon arrival at the urgent care center. Doctors diagnosed him with an effusion in the middle of his ear (fluid trapped behind the eardrum). He was prescribed medication to reduce his high fever and severe ear pain.

The seizure and trauma from the incident at the Central Texas daycare center left the toddler with psychological trauma that impacted his neurological development and caused milestone regressions. His communication skills significantly decreased after the incident—he lost his limited vocabulary and developed behavioral challenges following the incident at the daycare center. The toddler became anxious, aggressive, and impulsive. He would express his emotions by hurting others or himself and would not listen to instructions from adults.

He was evaluated for these challenges and was diagnosed with a speech impairment and a non-categorical early childhood delay. He was required to attend speech therapy twice a week.

Beyond how the two daycare incidents impacted the toddler, his mother also experienced trauma from seeing her son convulsing. She was terrified that he was going to pass away because of the daycare center’s negligence.

How Did The Button Law Firm Help the Toddler and His Mother Move Forward? 

Our experienced legal team fought to hold the Central Texas daycare center accountable for all its safety failures that endangered the toddler and left him with a long road to recovery.

We got justice by securing a life-changing result that also compensated the family for the toddler’s initial medical treatments and ongoing therapy sessions. With our help, the toddler and his mother were able to move forward.

Let The Button Law Firm Help Your Family After a Daycare Injury

If your child was 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.