Personal Injury Lawsuits and Daycare Neglect

When you find out that your child was injured or abused at daycare, your first step probably isn't to consult with a personal injury attorney. After all, you already have a problem to deal with, and you might not even know that you can sue a daycare provider to cover medical expenses for your child's injuries.

But if you believe your child was abused at daycare, you may have a claim against the daycare for abuse or neglect. Read on to learn more about daycare injuries and what to do about them.

Daycare neglect is a common contributor to daycare injuries. Neglectful daycare providers often fail to feed or hydrate children throughout the day. Neglect often involves not providing sanitary conditions for children.

Neglect often stems from the facility not having the appropriate number of employees on hand to care for and supervise the children, and the neglect can have devastating consequences for your child. Some children who undergo abuse and neglect suffer permanent injuries.

The most obvious sign your child is injured or abused at daycare is that that they frequently come home with new injuries, including bruises, cuts, and scratches. Fractures and bruises are especially concerning in children not yet able to walk on their own.

Your child may also exhibit signs of anxiety when you drop him or her off at daycare, and many parents interpret the anxiety as separation anxiety rather than anxiety stemming from abuse. This anxiety can spill into your child's performance. They may begin acting out or doing poorly on assignments.

Children who are abused at daycare may also have issues at home too. For example, your child may have night terrors or otherwise not be able to sleep as easily. Children may withdraw from adults or become more aggressive toward other children.

Finally, children neglected at daycare sometimes come home dirty. Sometimes this extends to diaper care. Your child may suddenly have severe diaper rashes or you may notice that they have not been wiped properly during diaper changes.

Certain types of injuries arise most often from daycare neglect and abuse. Some injuries result from play with other children or natural accidents, but others may stem from lack of care from the providers.

Minor injuries, like cuts, scrapes, and bruises, are likely not injuries you will receive compensation for, but they are certainly among the most common types of injuries children experience at daycare.

One potential injury is poisoning, which often results when a child is exposed to chemicals, plants, or other dangerous substances. Unfortunately, sometimes people do not realize a child has been poisoned until long after the fact. Similarly, your child may experience an allergic reaction to food or other substances, which may result in difficulty breathing or severe rashes. If the daycare had prior notice of your child’s allergies, then they may be liable for neglect in exposing your child to dangerous foods or substances.

Some children have drowned at daycare, even if the facility only has small child-safe pools. Traumatic brain injuries, such as concussions, also occur. Electrocution, suffocation, and burns are other injuries that can occur due to daycare neglect. In some cases, children are even left in hot cars or outdoors for hours.

Report your child's injuries to the police if you have concrete evidence of neglect or abuse. If you have suspicions but are not sure, take your child to the pediatrician and have a thorough examination. You can also report your discovery to a local licensing board or social services, which can protect other children from undergoing the same fate.

Next, consult with a personal injury attorney. Your personal injury attorney can help you find any evidence of your child's neglect or abuse. An attorney can also help determine the compensation value of your child's injuries.

If you suspect you may have to litigate on your child’s behalf, contact Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC today to consult with one of our dedicated attorneys.