Parent holding their child after the child suffered from shaken baby syndrome at a daycare in TexasShaken baby syndrome can occur in children up to the age of five, although most of the time, it involves children who are six months old or younger. Infants and young children are prone to experiencing severe consequences when they are shaken by a caregiver because of the proportions of their head and body size, as well as their weak neck muscles.

Shaken baby syndrome can cause permanent brain damage or even death. If you suspect your child has experienced shaken baby syndrome in a daycare setting, the daycare can be held legally responsible for any injuries. In addition, criminal charges are likely since this is considered a form of child abuse.

How Shaken Baby Syndrome Occurs at Texas Daycares

When an infant or young child is crying inconsolably, it is easy for caregivers to become frustrated. When this happens, the best thing for a caregiver to do is to put the child into a safe place, such as a crib, and take a few moments to regain composure. 

Sometimes, caregivers at daycare let their frustration get the best of them. They shake the baby in an attempt to quiet the child. The shaking often brings an end to the crying, but this is usually because there has been brain damage.

Infants and young children have weak blood vessels in their brains. When they are forcefully shaken, their heads move uncontrollably—causing their brains to slam against the insides of their skulls. This leads to bruising, swelling, and bleeding in the brain.

Signs Your Child Has Experienced Shaken Baby Syndrome

When children are too young to verbalize what has happened to them, parents must remain alert to the signs of a potential injury like shaken baby syndrome.

Brain injuries generally show themselves in different ways, including:

  • Unresponsiveness
  • Lack of a pulse
  • Vomiting
  • Seizures
  • Tremors
  • Loss of consciousness
  • Breathing issues
  • Uncontrolled crying
  • Irritability
  • Lack of appetite
  • Not nursing
  • Alteration in sleeping habits

Other warning signs that your child has suffered from shaken baby syndrome are bleeding in the eyes, larger than normal head size, or swelling in the soft spot on your child's head. If you observe any of these signs or symptoms, it's important to seek medical treatment immediately to reduce the risk of permanent brain damage or death. 

How Doctors Diagnose Shaken Baby Syndrome After a Daycare Injury

If you suspect your child has been a victim of shaken baby syndrome, call 911 immediately. 

Doctors will look for three conditions that usually indicate shaken baby syndrome: 

  1. Brain swelling
  2. Hemorrhage in the brain
  3. Bleeding in the retina

Your child’s doctor may order an MRI, CT, or X-ray. Doctors may also order blood tests to rule out other disorders or conditions.

What to Do if You Suspect Your Child Experienced Shaken Baby Syndrome at Daycare

At the ER, tell the doctor you suspect your baby has been shaken at daycare. When your child is examined, the doctor is required by law to notify the police if shaken baby syndrome is suspected. Shaken baby syndrome is a criminal offense, and if it happens at daycare, the employee who abused the child may face charges as well as his or her employer. 

Beyond the likely criminal charges, there may also be a civil case. You should contact a daycare injury lawyer who can fight to help ensure your family recovers fair damages. This may include compensation for the following:

  • Medical bills
  • Lost income while you care for your injured child
  • Pain and suffering
  • Any costs related to the child’s future disability 
  • Additional out-of-pocket expenses

You can also call the daycare and request to review any video footage or see an incident report of what happened in the situation. Video footage can be very telling and give you a proper timeframe for when exactly the incident occurred for any legal action. If the daycare refuses to show you video footage or fails to provide an incident report, seek help from a daycare injury attorney immediately. 

How The Button Law Firm Can Help if Your Child Has Suffered from Shaken Baby Syndrome 

Our knowledgeable and compassionate daycare injury attorneys at The Button Law Firm are dedicated to holding daycare centers accountable when an infant is a victim of shaken baby syndrome because of a center’s negligence. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward.

Our team at The Button Law Firm is 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.

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