Was My Child Given the Wrong Medication at Daycare?

How Common Are Medication Errors at Daycare Centers, and What Causes Them?

Medication errors at daycare centers are more common than you may think. The most common occur when incorrect doses or wrong medicines are given to children by daycare employees who are not properly trained on medication administration or who fail to take the proper safety steps to ensure the correct administration of a potentially life-altering medication. In fact, one of the specific guidelines for medication administration outlined by Texas’ daycare laws (or minimum standards) is that ongoing training sessions for caregivers and staff members are required to prevent these dangerous incidents from happening. Taking the wrong medication or too much medication can actually poison your child, even if it’s something like a multivitamin, reports the Texas Pediatric Clinic. The Texas Poison Center Network has created a page dedicated to the best poison control centers in your region of Texas.

Per Texas childcare laws, caregivers cannot administer medication without documented consent from parents, and these caregivers must follow the instructions that parents provide for administering and dosing. They are also not permitted to administer any other medication, even if it’s an over-the-counter product, like Benadryl, without parental permission. The only exception to this law is if medication is necessary to prevent death or permanent injury, and in these instances, daycare employees still must know how to administer the proper dose. The most common example of this is administering an EpiPen to prevent severe allergic reactions when mere seconds could mean the difference between life or death for the child.

Medication errors can happen when caregivers at daycare centers fail to log when they give a child an approved medication. When this happens, a child could be incorrectly given a double dose throughout the day. Our experienced daycare lawyers often see daycare centers not properly train or monitor their caregivers, resulting in another way medication errors happen. Then there’s the distracted caregiver who’s in charge of too many children in a classroom. The caregiver can mix up medications that little ones are supposed to receive.

We have also seen an increase in caregivers at daycare centers giving children medications for off-label or inappropriate purposes. For example, we helped a family in Abilene, Texas, after daycare workers gave a 2-year-old girl Benadryl to make her sleepy, thus easier to control. The warning label on the over-the-counter medication clearly stated not to use the drug to make a child sleepy and did not list a dose for children under the age of 6 because of the medication’s significant side effects, including causing fast heartbeats, minor heart arrhythmias, and seizures. In this case, the Abilene daycare center illegally gave the child the medication without obtaining parental permission and for reasons the medicine was not prescribed.

A scary growing trend we’re seeing are medication errors that occur because unqualified caregivers bring to a center their own medication or illegal drugs into the center and fail to store them out of reach of children. Our team has even handled a case in Prosper, Texas, where daycare employees left out THC gummies, causing some of the children in their care to need emergency treatment and hospitalization due to overdose.

What Are the Red Flags That Indicate My Child Was a Victim of a Medication Error from a Daycare Center?

Unusual Symptoms or Reactions: If your child experiences unexpected or irregular side effects from their medication, or they have an allergic reaction or a condition that worsens, they may have been the victim of a medication error.
Behavioral Changes: Medication is often given to modify behavior or treat physical symptoms, so when it’s misused or administered improperly, a child may exhibit behavioral changes. This could manifest in a child as acting out or being extremely mellow, depending on the medication.
Inconsistent or Missing Communication: While it’s important for parents to stay in contact with daycare centers, caregivers need to do their part to prevent medication errors. That requires proper documentation of when and what medication was given to a child. Leaving out this information, failing to communicate with you, or incomplete documentation could be a sign that medication errors are happening.

What Steps Should I Take If I Believe My Child Was Drugged at Their Daycare Center?

Medication errors can cause short- or long-term harm to your child. Because of the size of a child’s body and the strength of some medications, it is easier for a child to overdose on a medication than it is for an adult. If you suspect or know that your child suffered a medication error, take these steps:

Seek Medical Attention. As you know, overdoses often need immediate medical attention. However, regardless of the severity of the medication error, it’s best to consult with a professional to see if your child could suffer any consequences from the daycare’s negligence. This also allows you to receive documented proof of the effects that a medication error had on your child.
Gather Documentation. Since a medication error often happens due to miscommunication, documentation is important for building a case. A copy of the daycare’s medication administration records for your child gives you proof of missing doses. The daycare should also provide an incident report if your child is injured due to a medication error. If your child was given the wrong medication, any surveillance footage of the classroom can help as well. Medical reports and photos can help show what happened to your child when they were given an incorrect medication as well. Any documentation that you are able to collect is beneficial to your case if you decide to take legal action, but it can also help the state of Texas with its own report about a negligent center.
Report the Incident to the State. Because medical errors put your child’s life at risk, the daycare center can be investigated by the state for breaking the minimum standards. You can report your child’s injury by calling 1-800-252-5400 or visiting the website txabusehotline.org. On top of being a step toward seeking justice for you, it helps other parents when they are choosing a safe daycare center for their child because it creates a documented report of the wrongdoings of your child’s daycare center.
Contact Our Experienced Daycare Injury Lawyers at The Button Law Firm. Our team understands that medical errors can cause serious physical and emotional trauma to your child and your family. We are here to help support you through this tough process and help you seek justice for your child if you decide to do so. While you still have time to decide if you’d like to take legal action, there is a two-year deadline, also known as the statute of limitations, starting from the date of the incident to hold the daycare center accountable. Contacting our team at The Button Law Firm can help you explore your options and receive support during this trying time.

Did Your Child Experience a Medication Error at a Daycare Center? Contact The Button Law Firm.

If your child was drugged, poisoned, or improperly medicated while in the care of a daycare or childcare center in Texas, our team of experienced and compassionate 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 contingency, 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 [email protected], or filling out a contact form.

Schedule a Free Case Evaluation with a Texas Daycare Abuse Attorney Today

If you or someone you know has a child who was harmed by their daycare teacher, contact our firm. We know how difficult getting through this can be. Our experienced team wants to help guide you – as we have helped guide many parents and families within Midland, Houston, Dallas, and the surrounding areas.

You can give us a call at (214) 699-4409 or email us at [email protected]. You can also reach out to us by filling out the form below or by starting a chat with a member of our team.

What Should I Do If Caregivers Gave My Child the Wrong Medication at a Daycare Center?

How Common Are Medication Errors at Daycare Centers, and What Causes Them?

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What Are the Red Flags That Indicate My Child Was a Victim of a Medication Error from a Daycare Center?

What Steps Should I Take If I Believe My Child Was Drugged at Their Daycare Center?

Did Your Child Experience a Medication Error at a Daycare Center? Contact The Button Law Firm.

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