It is not easy for parents to entrust their children to the care of others, but working parents often 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, serious harm can come to the child. If a daycare provider makes a mistake in administering medication to your child, and they suffer an injury or even death because of it, you should turn to the legal system for help.
Texas Regulations for Administering Medication to Children
The state of Texas has specific guidelines for how daycare centers handle the administration of medications. A medication can refer to both prescription and non-prescription medications. Parents must provide authorization in writing or in electronic format. An exception to this is that parents may authorize a single dose of medication in a phone call.
Parent authorization is not required if there is a medical emergency where 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 it was intended.
Medications must be stored out of reach of children or locked up and in a manner that does not risk contamination of food. If the medication requires refrigeration, it must be kept separate from food. It 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, the child 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 for at least three months.
How Medication Negligence Can Harm a Child
Texas laws are in place to keep children safe from getting medication when they do not need it or to help them get the correct dose when medications are needed. When daycare facilities do not follow these regulations, they are violating state law. Whenever a daycare disregards state law, and a child is harmed because of it, they could be held liable and ordered to pay damages.
Children can suffer serious injuries and illness by daycare medication negligence. They can experience a drug overdose if they are given too much medication. The most telltale signs of a medication overdose in children are vomiting and diarrhea. Other common symptoms of overdose include the following:
- Slurred speech
- Abdominal pain
- Dilated or shrunken pupils
- Yellowing skin
Without immediate medical attention, a medication overdose can be fatal.
An Experienced Texas Daycare Attorney Can Help
All parents have the right to expect their child will be kept safe while they are in daycare. When kids are injured because of caregiver neglect or abuse, the parents can file a claim against the daycare center on their child’s behalf. They may be able to recover damages for medical treatment, a loss of wages if parents couldn’t work while their child was being treated, pain and suffering, and other potential damages. A claim against the daycare can also help to prevent this from happening to other families.
If your child was harmed because of a medication error at a daycare center, contact The Button Law Firm. We have a proven track record in helping victims of daycare abuse and neglect. Make an appointment for a consultation today so we can review the details of your case.
We also invite you to take a look at our Daycare Database, which was developed to help parents get reliable information about daycare facilities.