A Parent’s Guide to Navigating a Daycare Skull Fracture in Texas

Last year, there were 678 confirmed serious injuries and fatalities that occurred at daycare centers in Texas, as cited in a March 2023 report from Texas Health and Human Services. That shocking statistic includes skull fractures.

Pediatric skull fractures can be scary for parents and children alike. After all, a child’s brain is still developing, and these serious injuries can have lifelong impacts on a child’s quality of life. That is why our Texas daycare injury lawyers are helping parents learn more about skull fractures, including how these daycare injuries happen, how doctors classify these fractures, and what potential legal options they can pursue to hold the daycare center accountable.

How Skull Fracture Injuries Happen at Daycare Centers in Texas

Children under the age of 2 are more susceptible to experiencing skull fractures than adults since their skulls are thinner in comparison, according to a January 2023 article published in the National Library of Medicine. Because of this, skull fractures can be common in young children, and may result in traumatic brain injuries (TBI), since the skull is protects the brain and a severe injury to it may harm the brain.

At daycare centers in Texas, pediatric skull fractures are most often caused by:

• Abuse from a caregiver or other children at the center
• Falls from a changing table, highchair, or other high surface
• Infants and young children being dropped by a caregiver
• Unsecured furniture such as bookcases or dressers tipping over on a child

The good news: The majority of skull fractures and head injuries at daycare centers are easily preventable when daycare centers in Texas comply with the state’s minimum standards and safety protocols meant to protect little ones.

Types of Skull Fractures:

While fractures to the skull cap are most common, there are six different types of skull fractures. You may hear doctors describe the type of skull fracture your child experienced using words like “basal,” “depressed” and “diastatic.”

These dangerous head injuries include:

• Basal: Fractures involving bones at the base of the skull
• Depressed: Caused by a direct blow to the head, referred to as a ping-pong fracture
• Diastatic: Separation of cranial sutures
• Growing: Herniation of the brain through the gap in the skull
• Linear: A break in the cranial bone that looks like a thin line
• Open:  Skull fracture that protrudes through the skin

Medical terminology may be overwhelming, but whatever the type of fracture, we are here to help you and your family.

What Should I Do After My Child’s Skull Injury at a Texas Daycare Center?

If your child experiences a skull fracture at a daycare center in Texas, we recommend these four steps to not only ensure your child’s health is not at risk, but also to hold the center accountable for the traumatic incident:

1. Seek medical attention at your local hospital’s emergency room or an urgent care center. When it comes to skull fractures and brain injuries, the full extent of the injury is not visible. Texas has wonderful medical facilities for children, including:
   • • Dallas: Children’s Health
     • Fort Worth: Cook Children’s Medical Center
     • Galveston: Shriners Children’s Texas
     • Houston:  Texas Children’s Hospital
     • Midland: Midland Health
     • South Texas: Driscoll Children’s Hospital
2. Report the incident to the state. All daycare centers across the Lone Star State are responsible for the care and safety of children and are required to follow specific rules. If a daycare was negligent by not following the rules and your child experienced a skull fracture, report allegations of daycare neglect in Texas to the Texas Department of Family and Protective Services by calling the Texas Abuse Hotline at 800-252-5400 or submitting a report online at TXAbuseHotline.org.
3. Document any information from the incident by keeping track of all correspondence from the Texas childcare facility and its workers. Screenshot text messages and save emails discussing the incident, take pictures or make copies of any letters from the daycare or its workers, and take detailed notes of any phone calls with the daycare as they occur. While it may be overwhelming to remember these steps when you are more concerned about your child’s health and wellbeing, keeping a file of correspondence can benefit your family’s legal case to hold the Texas daycare accountable for your child’s skull fracture.
4. Reach out to our experienced Texas daycare injury lawyers by calling 214-699-4409 or filling out a contact form for a free consultation. This area of the law can be complex, and we are ready to listen and advise your family on the best approach to hold the daycare accountable for your child’s traumatic experience and injuries.

Can I Sue the Daycare Center for My Child’s Broken Skull?

Texas parents can file a lawsuit to hold the daycare and relevant caregivers accountable for a child’s skull fracture. Taking legal action will prompt an investigation into the daycare center’s failure to comply with state laws and safety guidelines, known as the minimum standards, which, if properly followed, could have prevented the child’s injuries. 

In most cases, a daycare injury lawsuit is considered a civil case. However, abuse by a caregiver is a common cause of a child’s skull fracture. In this instance, the caregiver who purposely harmed the child could face criminal charges.

In Texas, the statute of limitations, or time limit to file a lawsuit is two years from the date of the incident that caused your child’s skull fracture at the daycare center.

What Is My Family Entitled to If We File a Lawsuit After Our Child’s Daycare Skull Fracture?

Following a child’s skull fracture, parents can seek compensation, also known as damages, by filing a lawsuit. A family may be compensated for the following damages in a daycare skull fracture case:

• Emotional distress
• Medical expenses, including a child’s ongoing or future medical treatments and therapy
• Pain and suffering
• Quality of life

Sadly, head injuries like skull fractures are the most common cause of lethal trauma in little ones. If a child experiences a fatal injury because of a skull fracture that occurred at a daycare center in Texas, surviving parents may be eligible for compensation in a daycare wrongful death lawsuit to cover: 

• Emotional damages such as pain and suffering
• Funeral expenses
• Loss of consortium for family members
• Loss of income
• Medical expenses incurred prior to a child’s passing away
• Other unexpected costly fees

Explore your legal options by calling our knowledgeable daycare injury lawyers at 214-699-4409 or fill out a contact form for a free consultation.

How Our Texas Daycare Injury Lawyers Can Help Your Family After a Skull Fracture

Our team of experienced and compassionate Texas daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child suffers a skull fracture while in the care of a daycare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen and fight for your family. 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 for a free consultation.