5 Important Steps To Take If Your Child Is Injured At Daycare

According to the National Center for Education Statistics, 59 percent of children under the age of five and not yet enrolled in kindergarten attend daycare. [1] A study that appeared in the Matern Child Health journal in 2013 indicates that 13.9 percent of children in daycare are injured. [2] Both of these sources testify to how often children in daycare are injured and why that is a concern for parents. What can you do if your child is injured in daycare? Here is a short list of actionable steps when your child is injured at daycare.

1. Seek medical help

Dial 911 for any situation that is life-threatening or urgent. For other forms of trauma like hitting or bullying, make a same-day appointment with your pediatrician or take your child to an urgent care facility to be evaluated for unseen injuries, bruises, etc. Remind the medical team that you suspect the child was injured at daycare, and you want a full exam.

2. Document Injuries or Situations

Photographs are a good start if there is a mark or bruise. Video of the child walking or complaining about pain or injuries is good also. Try to show the injury. If the child was kicked and is limping, a video will show that. Aggression between students at school or in daycare is not okay and both facilities have an obligation to keep your child safe.

3. Save Evidence

It might seem silly, but saving evidence is important. Here are some examples of evidence.

• Torn clothing
• Blood on clothing
• Diapers – depending on the nature of the injury – may also hold evidence and should also be preserved. If they are soiled, put them in a plastic bag and store them or freeze them.

If the injury was from violence such as sexual abuse or aggression, you will involve the local law enforcement agency and present them with your evidence, even soiled diapers.

4. Gather Evidence

Just like in an auto accident, you will want to take statements from anyone who saw what happened. Adults are a good source, but sometimes children will tell you what they saw too. You may need parental permission to speak with children.

5. Involve a Legal Advisor

A personal injury lawyer would be the person to handle your case. They understand the specialized laws for child injuries and how to approach a daycare business about the injuries. They also work with law enforcement and child protective agencies to make sure that other children at the facility are kept safe and safety issues are rectified.

It is also important to recognize that child injury cases are all different and unique. A child injury lawyer in the Topeka, KS area will help you understand your rights, legal options, and how to build a framework that ensures your child is safe.

Contact Larry Wall If You Suspect Mismanagement at Your Child’s Daycare

As mentioned above, there are multiple ways a child may be injured while at daycare. Many injuries are completely benign and are simply accidents.  However, this is not always the case, and it’s important to contact an attorney should you suspect mismanagement, neglect, or abuse. 

Learn more by reaching out to Larry Wall Trail Law today at (316) 265-6000.