As parents, there's nothing more distressing than receiving a call from your child's daycare, informing you of a medical emergency. A 2022 article published in the American Academy of Pediatrics estimated that 10-25% of childhood injuries occur while a child is in school or a daycare center. In addition, approximately 20% of children have special health care needs like severe allergies or a chronic illness, according to the Maternal Child Health Bureau.
To make a child’s medical emergency at a daycare center more distressing, some centers and caregivers choose not to inform parents about these scary and significant incidents when they happen, as required by Texas childcare laws. Instead, parents learn about the incidents directly from a child or by observing irregular bruises or behaviors.
In this blog post, our knowledgeable Texas daycare injury lawyers delve into the common medical emergencies we have seen firsthand when helping families across the Lone Star State and explore the crucial steps daycare centers should take to ensure the safety and well-being of little ones in their care.
What Medical Emergencies Happen at Texas Daycare Centers?
A medical emergency at a daycare involves a child sustaining an injury, potentially of a serious nature. The response of caregivers and daycare directors during these situations is paramount to keeping children safe and healthy. In these critical moments, mere seconds can determine the line between life and loss.
The three most common medical emergencies we have seen young children experience in Texas daycare centers include:
Allergic reactions are the most prevalent medical emergency at daycare centers in Texas. Under Texas laws, a parent is required notify a child’s daycare center about a child's allergies, including the severity of the allergy. Then, a detailed emergency plan should be recorded and communicated to the proper teachers or caregivers at the daycare center. The plan may include administering an EpiPen, calling 911, or seeking immediate medical attention for the child. In these instances, it is important that the child’s caregivers are also trained and knowledgeable on how to administer the EpiPen in the event of a child’s medical emergency.
Physical trauma, such as brain injuries from shaken baby syndrome, falls from changing tables, or severed finger incidents, requires immediate medical attention. Caregivers and directors at Texas daycare centers must act swiftly to prevent further harm to a young child, especially vulnerable infants and toddlers.
Burn injuries, often unexpected, pose a significant safety risk at daycares. From chemical exposures to mishaps with bottle warmers, burns can cause lasting damage to impacted tissues and nerves. Seeking immediate medical attention after a child is burned is imperative because the full extent of the burn is not always evident. For example, third-degree burns may not be felt immediately as nerve endings are usually destroyed but can be quickly diagnosed and appropriately treated at a local hospital.
All of the medical emergencies commonly experienced by young children at daycare centers are easily preventable when Texas daycare centers comply with training, supervision, and hiring regulations. If your child suffered a medical emergency while in the care of a daycare center anywhere in Texas, get a free consultation from our daycare injury attorneys by calling 214-699-4409, emailing [email protected], or filling out a contact form.
A Texas Daycare Center’s Legal Obligations Following a Child’s Medical Emergency
In cases of medical emergencies demanding immediate treatment, daycares are legally obligated to promptly and appropriately respond and then notify parents about the incident. Unfortunately, some daycares attempt to cover up incidents, and opt not to call emergency services to aid the child or inform parents. We have seen firsthand how these dangerous decisions can negatively impact a child’s life and long-term health.
Can I Sue if My Child Experienced a Medical Emergency at a Daycare Center?
Medical emergencies involving our children can be terrifying, especially when they occur at a daycare center. However, caregivers at daycare centers should be trained professionals equipped to handle such incidents. As parents, it is crucial that daycare centers across Texas take all necessary steps to keep children safe. If your child suffered a serious injury due to a daycare's negligence, you may have grounds to pursue a legal claim and hold the center accountable for its failures.
Filing a lawsuit against the daycare center allows parents to seek compensation, also known as damages. A family may be compensated for the following damages in a daycare negligence case involving a medical emergency:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
If the unspeakable happens and your child passes away because of a medical emergency that was mishandled at a daycare center anywhere in Texas, you can file a wrongful death of a child lawsuit.
By understanding the common medical emergencies, the necessary preventive measures, and legal rights as a parent, you are better equipped to make informed decisions about the possible avenues to move forward. Want to know more? Get a free consultation and explore your legal options with our knowledgeable daycare injury lawyers at 214-699-4409, email [email protected], or fill out a contact form.
We Can Help Your Family After a Medical Emergency at a Texas Daycare Center
Our team of experienced and compassionate daycare injury lawyers are dedicated to advocating for you and your family if your child experienced a medical emergency while in the care of a Texas daycare facility. With lawyers 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 [email protected], or fill out a contact form for a free consultation.