What Are the Common Causes of Rebreathing?
Children between the ages of two months and four months old are at the greatest risk of rebreathing incidents and SIDS, according to a medical study published in 2023. This is because infants spend the majority of the day sleeping. In fact, Texas Children’s in Houston cites that newborns sleep 10-18 hours per day, and babies between 6 and 9 months old may sleep up to 12 hours per day.
Unsafe sleep practices are the biggest risk factor for an infant’s rebreathing incident. In fact, the top contributing factors in rebreathing incidents include:
- An infant sleeping on his or her stomach
- Pillows, blankets, and stuffed animals near the face
- Sleeping on a soft mattress or cushion
Learn more about the dangers of unsafe sleep practices at daycare and childcare centers in this video.
How Can Daycare and Childcare Centers Prevent Infants from Dangerous Rebreathing Incidents?
Due to the increased risk of SIDS and rebreathing incidents, Texas daycare and childcare laws, known as the minimum standards, closely regulate safe sleep practices for daycare and childcare centers with infant nurseries. When local facilities comply with the laws, little ones can sleep safely.
Notable safe sleep practices that easily prevent dangerous rebreathing incidents include:
- Infant Placement: Caregivers should put infants to sleep on their backs on a flat, level surface.
- Safe Environment: Caregivers should place infants in a crib with a firm mattress. They should not add anything soft, like a blanket or stuffed animals. They should also not let infants share cribs while sleeping.
- Swaddling Techniques: Daycare and childcare centers should provide training to ensure that napping babies are swaddled correctly so they are not at risk of rebreathing or suffocation when they start moving their head or rolling over independently.
- Proper Supervision: Local centers should comply with state-mandated child-to-caregiver ratios, especially in an infant classroom, to ensure proper supervision while little ones are sleeping. For infants, this means no more than 4 children per caregiver. Caregivers should closely monitor napping babies to ensure they are breathing properly while asleep. When rebreathing occurs, the brain usually prompts a baby's body to wake and cry, which increases oxygen flow. However, in cases of SIDS, the brain doesn't trigger these signals, and oxygen levels fall, so the watchful eye of a caregiver is key to prevention.
What Can Parents Do If a Child Dies Because of Unsafe Sleep Practices at a Daycare or Childcare Center?
In the tragic event that a child passes away because of unsafe sleep practices that lead to rebreathing or SIDS at a daycare center, surviving parents may be eligible to file a wrongful death of a child lawsuit and seek compensation to cover:
- Emotional damages such as pain and suffering
- Funeral expenses
- Loss of consortium for family members
- Loss of income
- Medical expenses incurred prior to a child’s passing away
- Therapy and other long-term resources to help family members cope and heal
Our experienced and compassionate daycare and childcare injury lawyers at The Button Law Firm are ready to listen and advise your family on the best approach to hold a daycare or childcare center accountable for failing your child and your family.
However, there is a two-year time limit for taking legal action against a negligent daycare or childcare center in Texas, so we recommend reaching out to our experienced legal team sooner rather than later. Get a free case evaluation by calling us at 214-699-4409 or emailing us at intake@buttonlawfirm.com.
How Our Firm Helped a Family After a Fatal Daycare Sleep Incident
Our daycare and child injury lawyers have seen how dangerous an unsafe sleep environment can become. In one heartbreaking case we handled, a 2-month-old girl died after an at-home daycare caregiver placed her on her stomach in a makeshift crib containing folded blankets instead of an approved crib mattress, along with loose clothing. The caregiver didn't check on the baby again for two hours, when she discovered the infant was no longer breathing.
Nothing can bring back a child or replace the milestones and memories this family was robbed of experiencing. During an unimaginable time in their lives, our team stood beside the baby’s parents, supported them through the legal process, and fought to hold the caregiver accountable. Ultimately, we helped the family secure a life-changing result and justice while giving them the space to grieve, honor their daughter’s memory, and begin moving forward.
Read the family’s full story and learn more about the unsafe sleep practices uncovered in the case.
How Can The Button Law Firm Help After Your Child’s Sleep Injury at a Daycare or Childcare Center?
If your child was harmed because of unsafe sleep practices at a daycare or childcare center anywhere in Texas, our team of experienced daycare and child injury lawyers at The Button Law Firm can help. We’re dedicated to advocating for you and your family. We are ready to listen and fight for your family to get justice and 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 a contingency basis, 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 intake@buttonlawfirm.com, or filling out a contact form.

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