As parents with young children, there are so many things to be mindful of regarding a little one’s health and safety. Nursemaid elbow, also known as a pulled elbow, is one of the most common injuries that children younger than 7 years old can experience, according to the American Academy of Orthopaedic Surgeons (AAOS). This can happen when a small child’s arm or elbow is pulled and partially dislocated. The AAOS cites that because the bones and muscles of these young children are fragile and still developing, it takes very little force from someone, like a caregiver or teacher at a daycare center, to pull the bones of the elbow out of place.
Now that you know what nursemaid elbow is, our experienced Texas daycare injury lawyers discuss how nursemaid elbow injuries happen at local daycare centers and what legal options Texas parents may have to hold a negligent daycare center accountable for a child’s pulled elbow injury.
How Do Nursemaid and Pulled Elbow Injuries Happen at Daycare Centers in Texas?
At daycare centers in Texas, the risk of a young child suffering a nursemaid elbow injury increases when centers choose to ignore the state’s minimum standards and cut safety corners. Our legal team has seen firsthand how little ones, including infants who are too young to walk, are seriously hurt by nursemaid elbow injuries when an unsupervised, untrained, or unqualified worker is put in charge of a classroom.
The most common ways nursemaid and pulled elbow injuries happen at Texas daycare centers include:
- Caregivers use improper and inappropriate discipline tactics such as grabbing or pulling a child by an arm
- Improper lifting of a young child by a single arm out of a crib, highchair, or car seat
- Little arms being yanked by a daycare worker or teacher to walk faster
- Physical abuse at the hands of a caregiver
- Unsupervised children are allowed to play on playground equipment, like monkey bars, that is not age-appropriate and without spotting or help from a daycare worker or teacher
The good news is that all scenarios listed above are 100% preventable when Texas daycare centers comply with supervision and hiring regulations.
Can I Sue a Daycare Center if My Child Experienced a Nursemaid Elbow in Their Care?
Texas parents and legal guardians can file a lawsuit to hold a daycare center accountable for negligence that caused a child’s nursemaid elbow injury. Filing a lawsuit against the facility allows parents to seek compensation, also known as damages. A family may be compensated for the following damages in a daycare elbow injury case:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
You can learn about filing a daycare injury lawsuit in this video.
We Can Help Your Family After a Nursemaid or Pulled Elbow Injury
Our team of experienced and compassionate daycare injury lawyers is dedicated to advocating for you and your family if your child experiences a nursemaid or pulled elbow injury while in a Texas daycare facility. With offices 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 case evaluation.