Child Sustained Injury Because of an Inexperienced Texas Caregiver
Child crying after being abused by caregiver in Texas Daycare.

 In January of 2021, a North Texas mother received a call from her child’s daycare director notifying her that her child was complaining of pain after waking up from a nap. Upon further investigation, security camera footage showed the child’s caregiver restraining the child by their shoulders and pinning the child down to force them to lay down to take a nap. This caregiver yanked the young child so hard that it caused a dislocated elbow.

The child had to be rushed to the emergency room where physicians diagnosed the injuries as a dislocation condition called nursemaid’s elbow. Doctors at the emergency room had to perform a painful procedure to get the child’s elbow popped back into place. The doctors could see that this was clearly caused by abuse and reported this to child protective services.

The child’s mother reached out to our Texas child injury lawyer at Button Law Firm searching for help after learning of the physical abuse and inappropriate discipline her child was forced to endure.

How This Incident Could Have Been Prevented

Licensed daycares in Texas are required to follow a set of strict rules and regulations, called the minimum standards for child care facilities, set out by the Texas Department of Health and Human Services and the Texas Department of Family and Protective Services. For daycares to keep their license and continue operating, they must follow the law to ensure the safety of children in their care.

The daycare involved in this child’s injuries did not take the time and resources to properly train the daycare staff and caregivers on how to handle nap time and what type of discipline is permitted by the state. The daycare failed to follow the state’s minimum standards:  

  1. Caregivers and employees of daycare centers must not physically abuse a child.
  2. Caregivers and employees of daycare centers must demonstrate competency, good judgment, and self-control.
  3. Caregivers and employees of daycare centers are prohibited from inflicting corporal punishment, including but not limited to yanking children in their care.
  4. Caregivers and employees of daycare centers are prohibited from enforcing punishment associated with naps.
  5. Caregivers and employees of daycare centers must not force a child to sleep during naptime.
  6. Caregivers and employees of daycare centers must allow children who are awake during naptime to participate in an alternative quiet activity until naptime is over.
  7. Daycare centers must immediately terminate caregivers and employees if they are physically abusive toward children.
  8. Daycare centers must report all incidents involving serious injury to children to the Department of Family and Protective Services.
  9. Daycare centers must provide parents with a copy of a completed incident report on all incidents involving serious injuries to children.

Daycares have a basic responsibility to keep kids safe while in their care – the daycare failed our client and their child.

How The Button Law Firm Helped

When we were brought in, we investigated the daycare and its employees. We discovered that the caregiver involved in this incident did not have any prior experience working in a daycare or with small children before being hired to work at this facility. What’s more, is that the daycare allowed this caregiver to come back after harming this child with no consequences for her actions. The daycare also did not require any further training upon her return.

We also discovered that the daycare had a pattern of similar incidents of inappropriate discipline in the past. Their failure of the daycare to act on those past events led to the harm that this young child endured.

The success of this case was heavily dependent upon ensuring that the individuals evaluating the case for the daycare were giving the proper weight to all of the damages suffered by the child. This child suffered from physical injuries that led him to need medical help in the emergency room. In addition to suffering from physical injuries, the child was dealing with mental anguish and stress as a result of this incident displayed by lashing out at their mother, nightmares, and fear of attending school.

We ensured the resolution of the case provided recovery for our client by securing a settlement that would pay back any medical expenses they incurred as a result of these injuries and help this child deal with the stress, mental anguish, and anxiety they will undoubtedly have to deal with going into the future.

How Daycare Injuries Impact Texas Kids

Daycares are oftentimes the only option for working parents who need to find care for their young kids while they are at work. That’s why it’s so important that daycares across Texas are following all necessary safety rules to ensure that all kids are kept safe.

The sad truth is, that daycares cut corners leading kids to be injured physically, emotionally, and psychologically. A single incident can impact a kid in many ways for a very long time, as they have to deal with the pain of a physical injury and the emotional and mental injuries of a caregiver hurting them through neglect or abuse. It is generally known that kids that are victims of abuse in daycare often must deal with the aftermath of emotional and psychological abuse they endured for decades to come.

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Russell Button
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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.