In October 2023, caregivers at a daycare center in Edinburg, Texas, did not properly supervise the children in their care. Because of their negligence, a toddler was able to sit backward on a chair with her hands full of books. The unsafe action caused the little girl to fall off the chair, hit the ground, and fracture her right elbow.
The girl’s parents contacted our experienced daycare injury lawyers at The Button Law Firm to hold the facility in Edinburg accountable for its failures that harmed the child. Our legal team secured justice for the young girl and her family by securing monetary compensation that helped the toddler heal and move forward.
How Did the Edinburg Daycare Center Act Negligently in This Case?
In Texas, daycare centers are required to follow strict safety laws known as minimum standards, which are intended to prevent children from being harmed like the little girl in this case. The standards detail the training requirements that all caregivers must undergo and complete for a facility to remain licensed by the state. The standards also describe methods and guidelines that daycare workers are required to follow to properly care for children.
Unfortunately, the Edinburg daycare center acted negligently by not adhering to the following standards when the little girl fell and broke her elbow:
- Be capable of carrying out assigned responsibilities
- Do not leave any child without competent supervision
- Handle emergencies promptly and intelligently
- Know and comply with the minimum standards for daycare centers
The caregivers charged with watching the little girl did not properly supervise the child at the time of her accident. If they had, they could have intervened and prevented her fall. Also, the caregivers were unqualified: They did not complete training with the center’s director that would have taught them how to follow the standards and ensure the safety of little ones in their care.
An independent investigation conducted by the Department of Family and Protective Services found that the Edinburg daycare center violated the minimum standard of failing to report an incident that required a child to receive medical treatment by a healthcare professional or hospitalization. In this case, the daycare center failed to file an incident report explaining how a doctor evaluated the toddler’s injury and diagnosed her with a supracondylar humerus fracture of her right elbow.
The Edinburg daycare center was no stranger to being cited by the state for failing to comply with the minimum standards. In fact, the center had eight violations for negligence, including five citations that were issued in the five months leading up to the incident, causing the toddler’s broken elbow.
How Did The Button Law Firm Get Justice for the Edinburg Toddler and Her Family?
The little girl’s broken elbow required extensive medical treatment: The injury had to be diagnosed and treated with a cast, and then the toddler had to undergo routine follow-up appointments.
In addition to the costly medical expenses, the little girl experienced extensive trauma. She was in severe pain and discomfort from her elbow injury and was forced to have her arm wrapped in plastic for every bath during her recovery. She also missed out on typical childhood activities like playing with her friends and coloring.
The incident at the Edinburgh daycare center also impacted the young child psychologically. She experienced sleeping issues and frequent nightmares and feared being alone in the dark. She also became paranoid about her arm and developed immense anxiety when anyone attempted to touch her arm or pick her up.
Thankfully, our Texas daycare injury lawyers fought successfully to hold the negligent Edinburg daycare center accountable for causing the toddler’s broken elbow. The girl and her family were able to move forward with monetary compensation that covered all economic and non-economic damages they experienced.
The Button Law Firm Can Help After a Child’s Fracture Injury at a Daycare Center
If a child suffers a bone fracture injury at a daycare center in Texas, contact our experienced daycare injury lawyers at The Button Law Firm. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help you move forward. Our legal team at The Button Law Firm is 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.
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