What to Do If Your Child Gets a Brain Injury at a Texas Daycare

Brain Injuries at Texas Daycare Facilities

Parents trust daycares and their workers to keep their children safe while they are at work. However, the latest report from Texas Health and Human Services states that 1,415 Texas children have experienced serious injuries—including brain injuries—at daycares across the state over a two-year span.

When a child experiences an injury to the brain, such as a blow or jolt to the head that disrupts its function, it is called a traumatic brain injury, or TBI. While they can run the spectrum of minimal damage to seriously life-altering, brain injuries can be especially detrimental in children because their brains are still developing.

Our Dallas daycare and childcare injury lawyer is sharing more information to help empower parents on signs to look for, what to do if you suspect your child has experienced a brain injury at the hands of a daycare worker in Texas, and how daycares can better protect children in their care to prevent these serious child injuries from happening in the first place.

Causes of Brain Injuries in Texas Daycare Centers

To know how daycares can prevent children from experiencing brain injury, it is important to understand how brain injuries occur at childcare facilities. The most common factor is neglect or abuse by daycare staff. The Texas Department of Family and Protective Services (DFPS) estimates more than 68,000 children were abused or neglected in 2021.

Common scenarios where neglect and improper supervision of children at daycare can cause a child’s TBI include:

• The child fell off playground equipment and hit their head
• An infant falling off a changing table
• Children playing with age-inappropriate toys that can lead to choking
• Improper sleep environments and practices that can result in suffocation

Sadly, instances of physical abuse by a daycare worker that result in a child hitting their head on the ground or an object can cause a TBI. For infants, daycare workers who are not properly trained and violently shake a child out of frustration can also cause a TBI and sometimes death.

How Daycares Can Prevent Brain Injuries 

The above scenarios with devastating consequences are heartbreaking because they can be preventable when caregivers follow safe practices, as outlined by Texas laws. Key actions that daycare operators and providers can take to create safe environments for children include:

• Properly vetting employees before hiring them
• Providing adequate training for employees, including proper discipline methods
• Supervising all employees to ensure the children in their care are safe

Daycares should also ensure that all spaces in the facility are childproof by installing barriers or protective gear around hard edges and surfaces to help children avoid hitting their heads.

Signs That Your Child Has a Brain Injury

Unlike most injuries to the body, brain injuries are not always immediately apparent. Many children may not be able to communicate their feelings fully, but you know your child and their mannerisms best and can tell if something is wrong. Common symptoms of TBIs to watch out for:

• Blurred vision
• Confusion
• Convulsions or seizures
• Headaches
• Numbness or tingling of arms and legs
• Ringing in the ears
• Sensitivity to light or sound
• Slurred speech
• Trouble concentrating or memory lapse
• Vomiting

Steps to Take If Your Child Experienced a Brain Injury at a Texas Daycare

As you know, brain injuries can be life-threatening injuries. The brain controls multiple functions—everything from breathing and motor skills to vision, thoughts, and emotions. It even regulates our body temperature. Thus, a healthy brain is vital to a child’s optimal quality of life. If you believe that your child has experienced a TBI at the hands of a daycare facility or worker, follow these key steps:

1. Immediately seek medical attention to have your child evaluated for a TBI. While there is no cure for a TBI, medical treatments can help their short- and long-term recovery.
2. Report it immediately to the police to establish documentation of the incident in addition to the medical records.
3. File a daycare injury report online or by phone with the Texas Department of Family and Protective Services. Under Texas laws, the daycare is required to do this, but it is important that you also take this step, as not all daycares comply.
4. Contact the compassionate and knowledgeable daycare and childcare injury attorneys at The Button Law Firm by calling 214-699-4409 or filling out a contact form. We will be ready to listen and advise your family on the best approach to get justice for your child’s injuries. 

How Can The Button Law Firm Help My Child After a Brain Injury?

Our team of experienced and compassionate daycare injury lawyers at The Button Law Firm is dedicated to advocating for you and your family if your child suffered a brain injury at daycare. We are ready to listen and fight for your family to get justice and help you move forward. Our lawyers 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.