Child with Daycare InjuryParents in Benbrook, Texas, are still recovering after their 1-year-old son experienced unexplained injuries at his daycare center. The mysterious injuries included bite marks, a large bump on his head, and a swollen eyebrow. Rightfully concerned, the boy’s parents were willing to give the daycare center they entrusted with their son the benefit of the doubt.

That all changed in September 2023 when they picked up their son with a dislocated elbow. The little boy’s parents knew that the previous injuries he had sustained weren’t normal, but when they took their distraught son to a local emergency room, it was clear the way he was being treated at his daycare center was seriously wrong.

The parents contacted our experienced daycare and child injury lawyers at The Button Law Firm to hold the Benbrook daycare center accountable for the negligence and abuse that caused their child to suffer repeated injuries while under its care. Our legal team got justice by securing a settlement that covered the medical expenses required to treat the boy’s injuries and helped the family move forward.

What Did This Benbrook Daycare Center Do to Fail This Young Boy and His Family?

Daycare centers like this one in the Fort Worth suburb of Benbrook are meant to provide a safe, reputable space for families needing to leave their little ones with someone they trust during the workday. Working families like our clients in Benbrook trust daycare centers to fulfill this need. Unfortunately, this local center failed this family and their infant son. When a licensed daycare center does not abide by Texas daycare laws known as the minimum standards, it’s breaking the law. This daycare center in Benbrook did just that when it allowed untrained, unqualified caregivers to take care of the infant.

The Department of Family and Protective Services conducted an independent investigation into this young boy’s injuries and found that on numerous occasions, the child was sent home with unexplained injuries, directly violating the minimum standard that requires parents to receive an incident report within 48 hours of an incident that results in an injury. The investigation also found that when the boy suffered a dislocated elbow, it was due to a caregiver roughly pulling his arm.

Based on these findings, the state agency revealed the Benbrook daycare center had clearly violated childcare laws by employing caregivers who did not show competency and good judgment.

Sadly, this was not an isolated incident. The Benbrook daycare center had a history of violating other minimum standards, including some that could have prevented the incident that traumatized this 1-year-old boy. They failed to keep their caregivers up-to-date with their annual training for children under the age of 24 months, and they had previously failed to ensure the safety of the children in their care.

How Did The Button Law Firm Help This Benbrook Family Recover?

The first thing that a family does when their child suffers a serious injury is take them to get medically treated. This family was no different. When they took their little boy to the local children’s hospital, the medical professionals were able to identify that their son had suffered a dislocated elbow and that he would have to suffer once again when the doctors restored the elbow to its proper alignment.

Not only did this sweet 1-year-old boy experience a medical incident that even adults find excruciatingly painful, but he also experienced the trauma that came along with it. Following the incident, this young boy became fearful of female caregivers—including his mother—because of the neglect he endured from the daycare workers. He also became increasingly clingy to his father, and he would often act out, sometimes even injuring his family members.

Once a gentle, kind infant, the boy became a child who overacts in over-stimulating situations, who suffers from frequent night terrors, and is entirely distrustful of caregivers. Because the daycare center failed to keep their child safe, this family now faces a future where they will continue to require extra emotional and physical support for their young son.

This Benbrook family trusted the daycare center so much, they gave it the benefit of the doubt when it came to their 1-year-old child’s minor injuries. That stopped when their son sustained a painful dislocated elbow and our team helped the boy’s parents identify that his other injuries were actually signs of neglect on behalf of the daycare center. 

Our team understands the unique difficulties in preparing and going through with a child injury case. This family, we have helped both emotionally and legally, will continue to experience the challenges related to the daycare incident their son experienced. Our team was able to support them by getting them financial compensation for the damages the little boy suffered, and since then they have been able to cover the medical expenses that a hospital visit entails and help their son start his journey of recovery in a positive way.

Was Your Child Harmed Due to Daycare Negligence in Texas? Contact The Button Law Firm.

If your child was physically or emotionally harmed because caregivers did not comply with Texas daycare safety laws, contact our experienced daycare and child injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family 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 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 case evaluation.

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

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.