Children Drugged at Daycare in Texas - Rights Legal Options
As a parent, entrusting the care of your child to a daycare center or caregiver is a difficult decision. You want to ensure that your child is safe and well-cared for while you're away. Unfortunately, there are some daycare centers and caregivers that may resort to drugging children in their care in order to control their behavior or make them more manageable.
If you suspect that your child has been drugged while at daycare, it's important to take immediate action. Not only is drugging children a form of abuse, but it can also have serious long-term effects on a child's health and development.
What To Do If You Detect Your Child Has Been Drugged At Daycare
If you suspect that your child has been drugged while at daycare, it is important to take immediate action. Here are some steps you can take:
Remove your child from the daycare center or caregiver's care: Your child's safety and well-being should be your top priority. Removing your child from the daycare center or caregiver's care is the first step in ensuring their safety.
Document any symptoms or changes in behavior: Keep a record of any symptoms or changes in behavior that you have noticed in your child. This information can be used as evidence in any legal proceedings.
Contact the authorities: Report your suspicions of child abuse to the appropriate authorities. In most states, the Department of Child and Family Services is responsible for investigating allegations of child abuse. They will conduct an investigation and may take action against the daycare center or caregiver if they find evidence of abuse.
Seek medical attention for your child: If you suspect your child has been drugged, it is important to seek medical attention for your child as soon as possible. A doctor can evaluate your child and provide the appropriate treatment.
Seek legal assistance: An attorney experienced in child abuse cases can help you navigate the legal system and ensure that your child's rights are protected. They can also help you pursue compensation for any damages or injuries your child may have sustained as a result of being drugged at daycare.
Keep a record of any communication with the daycare center or caregiver: Keep a record of any communication you have with the daycare center or caregiver, including dates, times, and details of the conversation.
Drugging children at daycare is a form of abuse, and it is essential to take immediate action to protect your child and hold those responsible accountable. It is important to have the support of an experienced attorney and the authorities to ensure that your child's rights are protected and that justice is served.
What Drugs Are Improperly Given To Children In Daycare?
There are a variety of drugs that may be improperly given to children in daycare. Some of the most commonly used drugs include:
Melatonin: This is a hormone that regulates sleep and is often used as a sleep aid for adults. However, it is not approved for use in children and can have serious side effects when used improperly. It can cause confusion, restlessness, and even hallucinations in children.
Benadryl: This is an antihistamine that can cause drowsiness and is often used to treat allergies and cold symptoms in adults. It is not approved for use in children and can cause serious side effects such as seizures and hallucinations.
Ritalin: This is a stimulant that is commonly used to treat Attention Deficit Hyperactivity Disorder (ADHD) in children. It can have serious side effects such as anxiety, insomnia, and even heart problems when used improperly.
Seroquel: This is an anti-psychotic drug that is used to treat schizophrenia and bipolar disorder in adults. However, it can cause serious side effects such as drowsiness, confusion, and even seizures when used improperly.
Clonidine: This is a drug that is used to treat hypertension and Attention Deficit Hyperactivity Disorder (ADHD) in adults. It can cause serious side effects such as sedation, confusion, and even hallucinations when used improperly.
It is important to note that these are just examples and not an exhaustive list of drugs that could be used improperly on children in daycare. It is important to be aware that these drugs can have serious side effects and should not be used on children unless prescribed by a doctor and in the appropriate dose.
Sings That Your Child is Drugged or Improperly Medicated at a Texas Daycare
There are a variety of signs that a child may be drugged or improperly medicated at a daycare center. However, it is important to note that some of these symptoms may be caused by other factors and should not be used to definitively diagnose a child as being drugged.
Here are some signs to look out for:
Drowsiness or excessive sleepiness: If your child is consistently drowsy or excessively sleepy during the day, this may be a sign that they have been drugged.
Changes in behavior: If your child's behavior suddenly changes, such as becoming more irritable or aggressive, this may be a sign that they have been drugged or improperly medicated.
Difficulty concentrating: If your child is having difficulty focusing or paying attention, this may be a sign that they have been drugged or improperly medicated.
Slurred speech or difficulty communicating: If your child's speech is slurred or they are having difficulty communicating, this may be a sign that they have been drugged or improperly medicated.
Physical symptoms: If your child is experiencing physical symptoms such as seizures, breathing problems, or a rash, this may be a sign that they have been drugged or improperly medicated.
Signs can also indicate other health issues and should not be used as definitive evidence that a child is being drugged or improperly medicated. It is important to consult a doctor for a proper evaluation if you notice these signs in your child.
If you suspect that your child is being drugged or improperly medicated at a Texas daycare center, you should contact the Texas Department of Family and Protective Services (DFPS) and report your concerns. They will conduct an investigation and take action if they find evidence of abuse or neglect. Additionally, it's important to seek legal assistance from an attorney experienced in child abuse cases, who can help you navigate the legal system and ensure that your child's rights are protected.
What Injuries Can A Child Sustain If They Are Improperly Medicated?
A child who is improperly medicated may experience a range of negative effects and injuries, depending on the type of drug and the amount given. Some of the potential injuries that a child may sustain include:
Physical injuries: Children who are improperly medicated may experience physical injuries such as seizures, breathing problems, or allergic reactions.
Cognitive and developmental injuries: Children who are improperly medicated may experience cognitive and developmental injuries such as difficulty concentrating, difficulty learning, and impaired memory.
Behavioral injuries: Children who are improperly medicated may experience behavioral injuries such as irritability, aggression, and difficulty with social interactions.
Long-term health effects: Children who are improperly medicated may experience long-term health effects such as an increased risk of heart problems, high blood pressure, and obesity.
Psychological injuries: Children who are improperly medicated may experience psychological injuries such as anxiety, depression, and post-traumatic stress disorder (PTSD)
It is important to note that these injuries can vary depending on the type of drug, the amount given, and the child's individual health and medical history. Seeking medical attention for a child who is suspected to have been improperly medicated and to consult a doctor for a proper evaluation to understand the child's condition, and provide the appropriate treatment.
What Damages Can A Child or Family Obtain Through A Daycare Injury Lawsuit?
If a child is harmed as a result of being improperly medicated at a daycare center, the child and their family may be able to obtain damages through a daycare lawsuit. The types of damages that may be available will depend on the specific circumstances of the case, but some of the most common types of damages that may be sought include:
The child and family may be able to recover the cost of any medical treatment that is required as a result of the injuries sustained. This can include expenses such as hospitalization, medication, therapy, and rehabilitation. Serious injury can result when a child is overmedicated, including spinal cord injuries, brain injuries,paralysis,broken bones, crush injury, loss of mobility, and more.
Pain and suffering
The child and family may be able to recover damages for the physical and emotional pain and suffering that resulted from the injuries sustained.
If a parent or guardian had to take time off work to care for the child or to attend medical appointments, they may be able to recover lost wages as a result of this.
Future medical expenses
If the child's injuries are expected to require long-term medical treatment, the family may be able to recover the cost of future medical expenses.
Loss of enjoyment of life
The child or the family may be able to recover damages for the loss of enjoyment of life, this means that the child won't be able to enjoy life as they would have before the injury.
In some cases, the family may also be able to recover punitive damages, which are intended to punish the daycare center or caregiver for particularly egregious conduct and to deter similar conduct in the future.
How To Start A Legal Claim If Your Child Was Drugged or Improperly Medicated At Daycare
For help with how to starting a legal claim or lawsuit against a daycare or after-school facility, call 1-866-434-0014 for a FREE consultation with an experienced child injury attorney,
Attorney Brit Mitchell can will review your claim, help determine your eligibility, and file your claim for compensation today.
Call 1-866-434-0014 and let’s review your claim.
How Much Does It Cost To File A Claim?
Child injury attorneys handle personal injury claims on a contingency fee basis. This means that the attorney will not charge you any fees upfront, but instead will take a percentage of any settlement or award as their fee.
A contingency fee basis is a type of billing arrangement where an attorney will not charge a client for their legal services unless they win the case. This means that if the case is not successful and no settlement or award is obtained, the client will not owe the attorney any fees. This arrangement makes it possible for families who may not have the financial resources to pay for legal representation to have access to legal representation, and allows the attorney to only get paid if they win the case.
How Long Do Parents Have To File Child Injury Claims?
The statute of limitations to file a civil lawsuit seeking compensation for injuries to a child in Texas is generally two years from the date of the injury. This means that the child or their legal guardian must file a lawsuit within two years of the date on which the injury occurred. However, the statute of limitation for personal injury claims involving minors in Texas is different from the one that applies to adults, a minor has until their 18th birthday to file a lawsuit, but once they turn 18, the two years start running.
It's important to seek legal assistance as soon as possible after an injury to understand the specific time limits and deadlines that apply to your case, and to ensure that you take the necessary steps to preserve your legal rights. Additionally, it's important to note that the statute of limitations can be affected by different factors such as discovery rule, so it's best to consult an attorney experienced in child injury cases in Texas.
What Does An Attorney Do To Help Determine If A Child Was Abused?
When an attorney investigates a daycare injury claim to determine if a child has been improperly drugged by a daycare worker, they will typically follow a process that involves several steps, such as:
Reviewing the circumstances of the injury: The attorney will review the details of the case, including the child's symptoms, the timing of the injury, and any relevant medical records.
Interviewing the child and family: The attorney will interview the child, the parents, and any other witnesses to gain a complete understanding of the events that led to the injury.
Obtaining relevant documents: The attorney will request relevant documents from the daycare center, including medical records, staff records, and any incident reports.
Reviewing the daycare's policies and procedures: The attorney will review the daycare's policies and procedures to determine if they were followed and if they were appropriate in preventing the injury.
Consulting with experts: The attorney may consult with medical experts, pharmacologists, and other experts to determine if the child's injuries were caused by improper medication.
Reviewing state laws and regulations: The attorney will review state laws and regulations to determine if the daycare center was in compliance with all relevant laws and regulations.
Building a case: After gathering all the information and evidence, the attorney will build a case and determine the best course of action for the family, whether that's through a settlement or a trial.
Don't wait. A legal professional should also send an evidence preservation letter to the childcare facility as soon as possible. An evidence preservation letter, also called an "anti-spoliation letter" requests that the daycares preserve any relevant evidence related to the case, such as medical records, staff records, and incident reports. This evidence can be crucial in proving that the child was improperly drugged by a daycare worker, and it can also be used to hold the daycare center accountable for their actions.
You Can Schedule A Free Consultation With A Texas Daycare Abuse Attorney Today
If you suspect that your child has been drugged or improperly medicated at a daycare center in Texas, contact Attorney Brit Mitchell today by calling 866-434-0014 for a free and confidence case consultations. It important to take immediate action to protect your child's rights and seek legal assistance. Texas daycare abuse attorney Brit Mitchell can help you navigate the legal system and ensure that your child's rights are protected.