Medication overdoses can cause serious injury. It is not easy for parents to entrust their children to the care of others, but some parents have no other option. People often hear stories about daycare abuse and neglect, and this can include daycare staff improperly administering medication to a child.

When an overdose occurs, children can sustain severe injuries. If a daycare provider makes a mistake in administering medication to your child, and they suffer an injury or even death because of it, it is important to take legal action immediately by contacting our experienced daycare injury attorneys at The Button Law Firm. 

Texas Regulations for Administering Medication to Children at Daycare

Texas has specific guidelines for how daycare centers should handle the administration of medications for children. A medication can refer to both prescription and non-prescription medications. Parents must provide authorization in writing or electronic format to the daycare facilities with detailed instructions on administration and dosage. One exception to providing authorization is when a parent may allow a single dose of medication in a phone call, usually for over-the-counter medications. 

Parent authorization is not required if there is a medical emergency in which the medication could prevent death or serious bodily harm. In this situation, however, daycare providers have a duty to ensure the medication is being administered in the proper dosage and as intended.

Medications that remain at daycare centers must be stored out of reach of children or locked up and in a manner that does not risk food contamination. If the medication requires refrigeration, it must be kept separate from food. Medications should be kept in the original container that includes the child’s full name and the date it was brought to the facility. The medication should be disposed of or returned to parents when the child leaves the daycare center, no longer needs the medication, or the medication is expired.

When a caregiver administers the medication, they must record the following details:

  • The full name of the child
  • The name of the medication
  • The date, time, and amount of medication that was given
  • The full name of the employee who administered the medication

These records must be kept by the daycare facility for at least three months. 

How Medication Error Injuries Can Impact a Child at Daycare

State laws protect children from getting medication when they do not need it or receiving the incorrect dosage of medication. When daycare facilities do not follow these regulations, they are violating state law. If a daycare disregards state law and a child is harmed because of it, the daycare could be held liable and ordered to pay damages.

Daycare medication errors can cause children severe injuries and illnesses. If a child is given too much medication at daycare they can also experience a drug overdose, which can be fatal. The most common signs of a medication overdose in children are vomiting and diarrhea. Other common symptoms of an overdose occurring at daycare include the following:

  • Drooling
  • Slurred speech
  • Sweating
  • Abdominal pain
  • Dilated or shrunken pupils
  • Dizziness
  • Stumbling
  • Seizures
  • Yellowing skin

Without immediate medical attention, a medication overdose at daycare can be fatal.

Contact The Button Law Firm After Your Child Experiences a Medication Error Injury at Daycare 

Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child experiences a medication error injury or overdose while at a Texas daycare. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward.

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, email us at [email protected], or fill out a contact form for a free case evaluation.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.