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Texas Daycare Injuries and Abuse

Representing Children Injured at Daycare

When we drop our children of at a daycare center, we are trusting the daycare to provide the same level of protection and care as we as parents do.

Unfortunately, this is not always the case as hundreds of children are exposed to injuries and abuse at daycares every year.

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Is Your Child’s Daycare Properly Regulated and Monitored?

Did you know that you may be sending your child to a daycare that has little or no state regulation? In particular, if your child attends a child care program that is operated by state agencies, local governments, military facilities, a religious institution, or is only open on a part time basis, the state may not regulate it at all.

This is frightening to think about as a parent who relies on daycare centers to be properly regulated and controlled. While injuries and abuse do not happen at all daycare centers, these are things that cannot be tolerated and must be monitored.

Daycare Injury Statistics

According to the National Center for Education Statistics, at least six out of ten — nearly 13 million — infants, toddlers and preschool children are enrolled in daycare. These centers are supposed to be providing substitute care for your children, but sadly we find that sometimes they may cause more harm than good.

According to the CPSC, approximately 31,000 children under age 4 are treated in U.S. hospital emergency rooms for injuries at child care settings on average.

  • 8% of the child care settings had cribs that did not meet current safety standards.
  • 24% of the child care settings did not have safe playground surfacing.
  • 13% of the child care settings did not use child safety gates where necessary.
  • 26% of the child care settings had loops on the window blind cords.
  • 5% of the child care settings had products that had been recalled by CPSC.

Common Types of Daycare Injuries

Some accidents involving children are simply unavoidable. However, many accidents could be prevented if daycare workers followed common safety procedures, removed hazards (such as those listed above) from the area, or supervised the children in a responsible manner.

Common injuries that occur at child daycare centers include:

  • Cuts and lacerations
  • Bruises
  • Broken bones
  • Neck injuries
  • Choking or strangulation
  • Burns
  • Drowning
  • Poisoning (by food, chemical, or medicine)

Child Abuse at Daycare Center

A parent’s worst nightmare is picking up a child from daycare and discovering mysterious cuts, bruises, or other more serious injuries. Child injuries do not always occur on accident.

If your child comes home with injuries that don’t make sense to you, it may be time to talk to your daycare provider. If abuse by another child or one of the childcare workers is suspected, you should contact your local law enforcement.

You deserve answers, and if the daycare staff is found negligent in the injury of your child, you may be owed compensation for your child’s pain and suffering and any related medical bills.

Contact an Experienced Child Injury Attorney

If your child has been injured after an accident or abuse at a daycare center, contact Thomas J. Henry. Parents put their trust in the staff of a daycare facility to keep their children safe and out of harm’s way. It is unacceptable for a child to be subjected to abuse or an unsafe premises while in their care. If your child was seriously injured due to the negligence or abusive actions of daycare staff, call our experienced child injury attorneys today. Thomas J. Henry has the legal and financial resources necessary to develop your child’s case properly. Call for a free case review.

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Your Daycare Injury Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a daycare accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

According to RAINN, as many as 93 percent of sexual abuse victims under the age of 18 know the abuser. Sexual predators look like anyone else, and sadly, they are often the people you trust most. Some of the occupations most often associated with child abuse include:

  • Priests
  • Pastors
  • Ministers
  • Rabbis
  • Imams
  • Clergy
  • Church officials
  • Youth group leaders
  • Deacons
  • School teachers
  • Music teachers
  • Dance instructors
  • Theater instructors
  • Boy Scout leaders and volunteers
  • Girl Scout leaders and volunteers
  • Coaches
  • Childcare providers
  • Babysitters

Sexual abuse can happen anywhere. Child molesters are opportunists and will enact their abuse anywhere they have access to or are alone with their victim. This includes:

  • Churches
  • Schools
  • Classrooms
  • Restrooms
  • Synagogues
  • Mosques
  • The victim’s home
  • The abuser’s home
  • On field trips
  • On religious retreats
  • On Camping trips
  • In a vehicle during a ride home

Several persons and parties may be responsible for child molestation — whether they committed the abuse themselves or they knew or should have known and did nothing to stop it. Here is a list of potential defendants in a child sex abuse civil lawsuit:

  • The abuser
  • Employers
  • Apartment communities
  • Property owners
  • Daycare providers
  • Landlords
  • Hotels/motels
  • Co-workers
  • Schools
  • Coaches
  • Babysitters
  • Parents/Stepparents
  • Teachers
  • Therapists
  • Youth clubs
  • Churches
  • Doctors

Child sexual abuse signs are often hard to spot. These signs include not only physical but also behavioral and emotional signs. Here are 10 warning signs of potential sexual child abuse:

  • Depression or post-traumatic stress disorder
  • Bleeding, bruising, or swelling in the genital area
  • Frequent urinary or yeast infections
  • Pain, itching, or burning in genital area
  • Changes in hygiene (bathing too little, or too often)
  • Changes in sleep habits, including nightmares or bedwetting
  • Self-harming or expression of suicidal thoughts
  • Trouble in school, including absences or drops in grades
  • Shies away or feels threatened by physical contact
  • Overly protective of siblings (assumes a caretaker role)

This is by no means an exhaustive list of sexual abuse signs.

Child sexual abuse is a crime that often goes undetected. You have the power to make an enormous, positive difference in a child’s life. Here are steps to take if you think a child is a victim of sexual abuse:

  • Recognize the signs, both physical and behavioral 
  • Talk to the child
    • Choose a safe space away from the person you may suspect of causing the abuse
    • Speak to the child in a casual, non-threatening tone to keep the child at ease
    • Talk to the child directly, using words that the child will understand
    • Avoid judgmental statements and questions and avoid blaming the child
    • Be reassuring to the child and let them know that you are concerned for them
  • Report it to authorities
    • Before reporting, tell the child you are going to talk to someone else who can help
    • Make sure the child is in a safe place, and if you are concerned about the child’s safety, be sure to let the authorities know

If you are not concerned that the parents are the ones causing harm, consult with them prior to reporting to authorities.

Childbirth injuries are not always obvious immediately afterward. Moms and dads will oftentimes notice certain things that are out of the ordinary once they take their newborn baby home – sometimes weeks or months later. In addition, some symptoms and signs of a birth injury aren’t apparent until much later.

Here are signs and symptoms of a childbirth injury:

  • Fever
  • Coughing
  • Constipation
  • Hearing loss
  • Vision issues
  • Sinus inflammation
  • Low weight gain

Other physical symptoms of a birth injury in a child include:

  • Weak movement
  • Poor reflexes
  • Spasms
  • Muscle stiffness
  • Hands held in claw-like poses

Common conditions that can result from birth injuries include:

  • Cerebral Palsy and Erb’s Palsy
  • Nerve damage
  • Damage to the skull
  • Brain damage
  • Future learning disabilities
  • Delayed early development (crawling, walking, talking)

Birth injuries can be caused by many different factors. Common causes of childbirth injuries include:

  • Infection
  • Lack of oxygen
  • Neonatal sepsis
  • Preeclampsia
  • Dangerous medications
  • Traumatic delivery
  • Improper manipulation of the baby (potentially with tools including vacuums, forceps)
  • Failure to monitor baby’s vital signs

If childbirth injuries were preventable — for the mother or baby — the doctors, nurses, surgeons, and medical institution can be held accountable.

Injuries during childbirth can happen to anyone. However, some women find themselves in a high risk pregnancy. These situations require a higher level of attention and care on the part of the physician, and if high the high risk pregnancy symptoms and signs are not spotted or found in time, there could be grounds for a medical malpractice lawsuit.

Women with prior health conditions, such as:

  • High blood pressure
  • Diabetes
  • Kidney disease
  • Autoimmune disease (lupus, multiple sclerosis)
  • Thyroid disease
  • Obesity
  • HIV/AIDS
  • Teenagers
  • Women over 35 having their first child
  • Alcohol use during pregnancy
  • Smoking (and secondhand smoke)

Injuries to the mother that can occur during pregnancy include:

  • Abnormal uterine bleeding
  • Fissures
  • Infection
  • Preeclampsia or eclampsia
  • Vaginal tears or lacerations
  • Death

Mothers can also experience mental injuries as a result of a traumatic birth, including depression and post-traumatic stress disorder (PTSD).

Private schools differ with public schools in that they do not receive immunity. For instance, if your child is seriously injured on the playground or on an off-campus field trip, parents may sue the private schools due to negligence and receive compensation for their child’s injuries.

Did you know that if your child is injured at a public school the school may not have to pay any damages for your child’s injuries? Public schools are protected in some situations by governmental immunity. If your child has been injured due to public school negligence, contact our offices. Our experienced child injury attorneys will help determine if your child has a case against the school.

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

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Contact Us for a Free Case Review

info@tjhlaw.com

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