More than 700,000 people visit the emergency room each year due to adverse drug events, according to the Texas Poison Center Network. Of these incidents, the organization cites children younger than 5 years old were twice as likely to be taken to an emergency room, with most of these events attributed to little ones finding and eating or drinking medicines on their own. Unfortunately, these situations can happen at daycare centers across the Lone Star State.
Our experienced Texas daycare injury lawyers at The Button Law Firm are informing parents about these dangerous medication incidents at local childcare centers that are becoming too common. We also share potential legal options that your family can explore if your child can access and ingest unapproved medications on their own at a daycare center anywhere in Texas.
What Do Texas Daycare Laws Say About Prescription Drugs?
When it comes to any medications—prescription drugs or over-the-counter remedies—Texas daycare laws, also known as the minimum standards, require childcare facilities to:
- Administer medication as stated on the label directions or as amended in writing by the child’s doctor
- Get parental permission before giving a child any type of medication
- Keep a record of all medication administered to a child
- Immediately notify parents of any situation that places a child at risk
In addition, Texas daycare centers must store all medications in a way that deters children from accessing the substances without a caregiver’s supervision by:
- Keeping the medications locked in storage or out of the reach of little hands
- Storing all prescriptions in a manner that does not contaminate food
- Using a dedicated fridge, if refrigeration is required, so the medication is not confused or accessed with any food items
Following these simple regulations can easily prevent little ones from ingesting unapproved prescription medications under the watch of daycare centers across Texas.
Why Is It So Dangerous for a Child to Ingest Unapproved Prescription Medications at a Daycare Center?
When a child is given unapproved medications or ingesting them on their own, their lives can be at risk. For example, a little one can experience:
- Brain damage from a medication overdose
- Cardiac arrest
- Organ damage or failure
- Severe allergic reaction to an ingredient in the unauthorized medicine, such as going into anaphylactic shock or experiencing a seizure
A child’s accidental overdose of a medication at a daycare center can also lead to a tragic fatality. Approximately 55% of children died from medication overdoses, according to a 2021 study published in the American Academy of Pediatrics (AAP).
Can My Family File a Lawsuit After My Child Ingested Prescription Drugs at a Texas Daycare Center?
Texas parents have the legal right to seek compensation, also known as damages, by filing a lawsuit to hold a daycare center accountable after a child ingests an unapproved prescription medication. A family may be compensated for the following damages:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Mental anguish
- Other out-of-pocket expenses you incurred as a result of your child’s daycare injury
- Pain and suffering
You can learn more about noneconomic and economic damages that you may be entitled to in your child’s daycare injury case in this article.
What Does the Process of Filing a Daycare Injury Lawsuit Look Like?
The first step to filing a lawsuit against a Texas daycare center after your child ingested unapproved prescription drugs is to gather as much information about the incident as possible. In daycare centers with surveillance cameras, ask the director to see a video of the incident and preserve the footage by recording it with your smartphone or some other recording device. You can also request a copy of the feed from the director.
In addition, keep track of all correspondence from the childcare facility and its workers. Screenshot text messages and emails discussing the incident, take pictures or make copies of any letters from the daycare, and make detailed notes of any phone calls with the daycare center as they occur. While it may be overwhelming to remember these steps when you are more concerned about your child’s well-being, keeping a file of correspondence can benefit your family’s legal case to hold the daycare center accountable for its negligence.
Parents should also report the daycare medication incident by contacting the Texas Department of Family and Protective Services at 800-252-5400. This will lead to the state conducting an independent investigation to determine the daycare center’s safety violations, if any. Meanwhile, parents can also ask the daycare center for an incident report.
Learn more about the process of filing a daycare injury lawsuit in this video.
What is the Time Limit to File a Lawsuit in Texas After My Child Ingested Prescription Drugs at a Daycare Center?
In Texas, the time limit, or statute of limitations, to file a lawsuit against a daycare center is two years from the date that your child ingested the prescription drugs at the daycare center. Our legal team recommends filing sooner than later to give your case the best chance of holding the daycare center accountable for its negligence. An earlier start makes it easier to identify and gather evidence from various sources, like other caregivers at the facility, while memories of the incident are still fresh.
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