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A Texas mother’s ordinary day quickly turned into every parent’s worst nightmare after she dropped off her 3-year-old daughter at a local daycare center. While the little girl was slightly cranky that morning, the teacher seemed overwhelmed because other children in the toddler’s class were also crying.
Hours later, the mother had a gut feeling something was wrong and decided to pick her daughter up early. When she arrived, she found her daughter lying on the classroom floor in obvious pain. The daycare teacher mentioned the toddler had “been crying all day,” but did not provide an explanation about what happened.
The toddler complained of pain in her throat and neck, so the mother took her daughter to a local emergency room, where doctors ran tests for flu and COVID-19. In the exam room, the mother noticed the toddler was not moving her left arm and told the doctor. The doctor then ordered an X-ray, which revealed the real problem: the little girl had a fractured collarbone.
When the toddler’s mother contacted the daycare center’s director about her daughter’s injury, the director had no answers. They did not provide her with an incident report or share information about how her daughter sustained the severe injury.
That’s when the mother turned to our Texas daycare injury lawyers at The Button Law Firm for help. We fought to hold the daycare center accountable for breaking Texas childcare laws, also known as the minimum standards and got justice for the girl and her mother so they could move forward.
How Did Our Daycare Injury Lawyers Hold This Texas Daycare Center Accountable?
Under the minimum standards, daycare centers are required to provide a safe and nurturing environment. In addition, teachers and caregivers should be qualified and know how to manage a group of unpredictable toddlers. Classrooms should be kept “in ratio” so that children can be closely supervised and teachers know what is happening in the room at all times.
In this case, the daycare center clearly did not comply with the minimum standards. Due to a lack of supervision, the toddler’s teacher was unaware that the little girl was seriously injured and did not seek emergency medical help for the toddler right away. Also, when her mother arrived to pick her up, the only information that the teacher relayed was that the toddler had “been crying all day.” This lack of information caused the toddler to remain in pain while doctors at the local emergency room ran tests, attempting to determine the cause.
In addition, daycare centers in Texas are required to provide incident reports to parents anytime a child is harmed or endangered at a center. These reports outline what happened at the center, what caregivers were involved, and if medical attention was administered to the child. In this case, the toddler’s teacher and the daycare director did not complete an incident report or report the toddler’s injury to the state, even after the mother contacted the daycare director, alerting her about the little girl’s fractured collarbone that she suffered at the daycare center.
How Did The Button Law Firm Fight to Hold the Daycare Center Accountable?
In addition to her physical injuries, the 3-year-old girl, in this case, was left to suffer in physical pain for a prolonged amount of time due to the daycare center’s negligence. Based on the toddler’s teacher’s remarks about the little girl “crying all day,” the toddler sustained her fractured collarbone after her mother dropped her off at the daycare center in the morning. That means the little girl was in agonizing pain from the early morning until the late afternoon when doctors at the emergency room diagnosed her.
When children are young, suffering for prolonged periods of time can be traumatic and impact children psychologically. Often, our experienced daycare injury lawyers see that children regress in their developmental milestones, such as potty training and verbal skills. In addition, many children cope with their trauma by experiencing nightmares or night terrors that disrupt sleep patterns for the whole family.
Our team of daycare injury lawyers at The Button Law Firm helped the toddler and her mother get justice. We helped the family get the support they needed to cover the child’s medical care and begin the healing process. With our help, the toddler and her mother were able to move forward.
Contact The Button Law Firm If Your Child Was Injured at a Daycare Center
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 lawyers 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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