A Daycare Gave Medication to a Toddler Without Permission
A Texas family came to The Button Law Firm after discovering something no parent should ever have to face: their two-year-old daughter had been given Benadryl at daycare without their permission.
One dose was given when the toddler cried before nap time, and another was administered without any explanation. The daycare didn’t notify the parents, get consent, or document anything.
Our team dug deeper and learned this wasn’t a one-time mistake. The daycare had been giving medication to kids to keep them quiet and drowsy instead of caring for them.
The Parents Were Left With No Answers
The child’s parents were devastated. They had questions no one at the daycare could answer:
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How did this happen?
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Why weren’t we told?
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Could this affect our daughter’s health long term?
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What do we do now?
That’s when they reached out to us. We stepped in to help them get the answers and the accountability they deserved.
The Daycare Broke State Rules
Texas law is crystal clear. Daycares must have written parental permission before giving any type of medication, even over-the-counter drugs like Benadryl. They are also required to document what was given and when, and alert parents immediately if anything puts a child at risk.
None of that happened here. The parents had never approved medication. The daycare never told them what they did. And to make things worse, Benadryl is not recommended for kids under six due to serious risks like seizures and heart complications. Even the box says not to use it to make a child sleepy.
What the Investigation Uncovered
We pushed for a full investigation, and the state got involved. Hair follicle testing confirmed Benadryl in the toddler’s system.
The daycare had already been cited 14 times in the three months leading up to the incident. Violations included untrained staff, improper discipline, and employees without background checks. Eventually, the state shut the daycare down.
We Helped This Family Take the Next Step
The emotional toll on this family was overwhelming. The mother couldn’t trust anyone else with her daughter and left her job to care for her full time.
Our team helped them take legal action. The result allowed the family to get the resources they needed to start healing and the peace of mind that came with knowing the daycare was held accountable.
If This Happened to Your Child, We’re Here
If your child was given medication at daycare without your knowledge or consent, you don’t have to figure it out alone.
We’ve put together a free, 5-step guide for parents on what to do after a daycare injury. It’s available below if you need a place to start.
When you’re ready to take the next step, reach out. You can call us at (214) 699-4409, email intake@buttonlawfirm.com, or fill out the contact form on our website. We’re here to help your family move forward.
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