Emergency Room SignIt can be scary and feel overwhelming when you learn that your child suffered an injury while in the care of a daycare center. However, it can be infuriating to discover that your child’s daycare was aware of the injury and failed to seek medical attention for it in an attempt to cover up the incident and not take responsibility for any wrongdoing.

Such was the case for a Dallas family getting justice after a 4-year-old girl broke her elbow, and the daycare center was silent about the young child’s injury. In another case, our daycare injury lawyers held a Plano daycare center accountable after a young boy suffered severe burns on his neck, shoulders, and chest from an unattended baby bottle warmer, yet the daycare center failed to call emergency services while his burns were forming blisters.

In this article, our Dallas daycare injury lawyer team at The Button Law Firm provides an overview of state laws around daycare injuries and the legal options parents have if their child is denied medical care after suffering an injury at a local daycare center. 

Texas Daycare Laws State a Daycare Center Must Seek Medical Attention for Injured Children

Texas daycare laws, also known as minimum standards, are very clear about what daycare centers should do in order to prevent injuries to children in their care, and what to do in the event that a child gets injured at the center. There is no gray area that leaves the rules up to a daycare center’s interpretation. 

Following a child’s injury at a daycare center, facilities are required to:

  • Immediately notify a child’s parent
  • Seek medical attention for the injured child
  • Complete and submit an incident report to the state within 48 hours of the child’s injury
  • Share the incident report with a child’s parents

Immediate medical attention is imperative in the event of serious medical episodes or incidents and injuries that occur at daycare centers, like allergic reactions, head trauma, burns, and severed finger injuries, when every second counts. Denying a child medical care to pretend like an incident did not happen can put a child’s life at greater risk.

As we stated earlier, some negligent daycare centers clearly see an injured child in distress, but these facilities and workers choose not to seek medical care or follow the other required laws because they want to cover up that the injury happened on their watch. This is where experienced daycare injury attorneys like our team at The Button Law Firm can help you. 

In addition, our free guide, 5 Steps to Take After a Daycare Injury, is full of information to help parents like you know what to do after a child’s injury at a local childcare facility. We understand it can be overwhelming for the whole family and hard to know the crucial steps to take to help your child and hold the daycare center accountable.

Filing a Lawsuit After Your Child Was Denied Medical Care Following an Injury at a Daycare Center in Texas

Filling a lawsuit is one way to get answers from a negligent daycare center, especially if you believe the center denied your child medical care in order to cover up an incident. This course of legal action holds the daycare accountable for failing to follow childcare laws, and it may help protect other children at the daycare center in the future.

By filing a lawsuit to hold a daycare center in Texas accountable for your child’s injury, parents may be able to seek compensation, also known as damages. A family may be compensated for the following damages in a daycare injury case:

  • Emotional distress resulting from the injury and lack of care following the injury
  • Medical expenses, including a child’s ongoing or future medical treatments and therapy
  • Pain and suffering caused by the delay in treatment and trauma from the incident and living with the undiagnosed injury

In Texas, the time limit, or statute of limitations, to file a lawsuit against a daycare center is two years from the date of the incident that caused your child’s injury.  

Do you have more questions? Get a free consultation from our experienced and knowledgeable daycare injury lawyers. We can help answer your questions about holding the daycare center accountable for the negligence that caused your child’s injury and for the center’s purposeful delay or complete lack of care for 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 Consultation with Our Texas Daycare Injury Lawyers

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 an injury and the negligent daycare center denies the child medical attention. 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 consultation.

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