Helping Parents: What Should You Do If Your Child Is Hospitalized Because of a Daycare Injury?

Parents in Texas expect daycare and childcare centers to provide safe and nurturing environments for little ones. Unfortunately, not all daycare centers comply with Texas daycare laws, also known as minimum standards, which dictate safe practices for every aspect of childcare.

For example, the Texas Department of Family Protective Services and Health and Human Services confirmed that 651 children younger than 4 years old suffered serious injuries at a licensed daycare center last year, per a March 2024 report. These serious injuries required a trip to the hospital for medical attention. 

We recognize that it can feel overwhelming if you get a dreaded call from your child’s daycare center and must rush your child to the hospital because of a serious injury they suffered at the center. Don’t worry. Our experienced daycare and childcare injury lawyers at The Button Law Firm are here to help guide you through the steps from ensuring your child gets the medical care they need to take legal action to hold the center accountable for its negligent practices that harmed your child.

What Are Common Daycare Injuries That May Require a Hospital Visit?

While minor bumps and scrapes can be common as little ones progress in their developmental milestones, it is important for parents to understand the scenarios at a daycare center and subsequent serious injuries that can require a child to visit an emergency room or be admitted to a local hospital. 

1. Burn Injuries: Hospitalization is necessary following chemical burns or bottle warmer burns sustained at a daycare center. Little ones can experience second or third-degree burns and even disfigurement and permanent organ damage when these injuries are not treated right away.
2. Choking Incidents: Whether choking is caused by improperly cut food, age-inappropriate toys, or unsafe sleep practices at a daycare center, immediate medical intervention is crucial if a child cannot breathe. Hospitalization may be required for further observation, especially if the airway is damaged or if they lost oxygen for an extended period.
3. Head Injuries: Skull fractures and brain injuries are among the most concerning head injuries that can occur at a daycare center. These are primarily caused by falls from a changing table, high chair, or playground equipment when caregivers are not attentive. Any head injury, especially if your child experiences dizziness, vomiting, or loss of consciousness, should be taken very seriously with a hospital visit.
4. Physical Abuse: When untrained caregivers are charged with watching little ones, children are at risk of being intentionally harmed or experiencing rough, unapproved punishment tactics. Hospitalization may be required to treat injuries to internal organs, broken bones, and nursemaid elbow injuries, as a result of the rough handling.
5. Sexual Abuse: Medical attention at a hospital is vital after a child is violated by a caregiver or worker at a daycare center. If necessary, the child can be treated for any viruses or diseases they were unwantedly exposed to. Exams from the hospital and medical records documenting a child’s sexual abuse incident can also help a parent hold the bad actor accountable and press criminal charges.

What Information Should I Collect from the Hospital and Daycare Center?

Once your child is being treated for their serious injuries, it is important to collect information from both the hospital and daycare center. (This information can be useful later to hold the daycare center accountable for your child’s injuries and help you seek compensation for costly medical bills and other damages.)

Our Texas daycare and childcare injury lawyers recommend parents collect the following information after a child is hospitalized:

• Medical Records: At the hospital, request copies of your child’s medical records following his or her exam. The file may include X-ray and scan results that capture a child’s hidden injuries, including internal organ damage, and the severity of physical injuries that may not be apparent at first glance. Also, the doctor’s notes provide an expert opinion on the cause and recommended care currently, and in the future.
• Daycare Incident Report: Get a detailed incident report from the daycare center and ensure the state was provided with a copy as well. This is the daycare center’s account of what caused your child’s injuries and any medical attention that its caregivers sought for your child. Also, keep detailed notes, including screenshots of any text messages, emails, and social media posts from the daycare or childcare center discussing the incident.
• Seek Out Video Surveillance: As soon as possible, request surveillance footage from the daycare center. (We have seen firsthand how some facilities record the footage after a certain period.) Available footage will allow you to see what was happening in the daycare classroom and how your child sustained his or her injuries at the center, in case it differs from the caregiver’s account detailed in the incident report.
• Take Pictures: It is also important to take pictures of your child’s injuries upon arriving at the hospital and throughout his or her recovery process.

In addition to collecting the recommended information, speaking to witnesses at the daycare center and other parents can help establish patterns of negligence and contribute to building a strong legal case against the center.

Can I Sue the Daycare Center If My Child Is Hospitalized Because of a Daycare Injury?

In the event your child was hospitalized because of negligent practices and noncompliance with the minimum standards at a daycare or childcare center, you have a right to sue the facility. A lawsuit aims to hold the center accountable for its safety failures that led to your child’s serious injuries. In a daycare injury lawsuit, justice is served by compensating a child and his or her family, also known as damages.

In a serious daycare injury case that requires hospitalization, a family may be compensated for the following damages:

• Costly medical expenses, including a child’s hospital stay, ongoing or future medical treatments
• Emotional distress
• Necessary modifications to a family’s home such as installing ramps or handrails to accommodate a wheelchair or other medical equipment
• Pain and suffering
• Quality of life in the event of a life-altering injury caused at the daycare center
• Therapy services to help a child process the traumatic experience and any life-altering changes in a healthy way

Tragically, we have worked with families after a child was hospitalized for a serious daycare injury but he or she was not able to heal. In the aftermath of a fatal daycare injury, parents may file a wrongful death lawsuit that seeks compensation to cover: 

• Emotional damages such as pain and suffering
• Funeral expenses
• Loss of consortium for family members
• Loss of income
• Medical expenses incurred before a child’s passing away
• Other unexpected costly fees

Explore some of the most frequently asked questions from parents about filing a daycare lawsuit and taking legal action against a local daycare center here.

Was Your Child Hospitalized Because of a Daycare Injury? Contact The Button Law Firm.

If your child was hospitalized because of negligent practices at a daycare or childcare center anywhere in Texas, our team of experienced and compassionate daycare and childcare 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.