The world is a busy place, and many households require both spouses to take on full-time jobs to support the family. When that situation occurs, couples who are parents turn to daycare centers to care for their children. These are businesses that are supposed to be experts in the care of children of all ages, but even experts can have things go wrong. What can a parent do if their child is injured or even killed while in the care of a daycare business? While the options are not limited, they can become very specific depending on the situation.
Child Dies In Daycare After Being Given Allergy Medication
The parents of a four-month-old child in Connecticut had their world turned upside down when a mistake made by the daycare center they were using took the life of their child. A staff member at the daycare center, which is not licensed to operate as a daycare center in Connecticut, gave the child the allergy medication Benadryl. The child had a reaction to the medication and died.
The parents are arguing that the daycare facility did not utilize reasonable measures of care when it gave an adult medication to a four-month-old child. Not only is it widely known that Benadryl can be dangerous for children, but the packaging indicates that as well. The incident has also prompted charges of manslaughter against the owner of the daycare center, to which the owner pleaded not guilty.
The Right To Reasonable Care
A daycare service, even an unlicensed one, is expected to deliver reasonable care to all of the children it takes in. The intentional actions of each staff member should represent a basic understanding of child care, and the ability to make good decisions based on the information available.
One of the areas that could result in a wrongful death lawsuit against a daycare center is when the center intentionally delivers negligent care that leads to possible death. Negligent care would be allowing children to play in an area that is obviously dangerous or giving children toys that have the potential to cause death. In the case of the Connecticut tragedy, it could be said that it was not negligent care. The daycare service could argue that it acted in the best interests of the child. While that might be true, that does not clear the daycare center of wrongdoing.
Unintentional Dangerous Actions
Another type of incident that could lead to a wrongful death lawsuit against a daycare service is an unintentional act that leads to a child’s death. The daycare staff in Connecticut made the decision to give the child Benadryl, believing the medication would help. The staff did not know the medication would be dangerous, but that does not absolve the staff of what happened. Despite the fact that the death was unintentional, the daycare staff is still responsible for what happened.
When It Is Difficult To Win A Case
What if the parents in Connecticut had given the daycare staff the Benadryl with specific dosing instructions? This type of adult medication, at any dosage, can be fatal to a baby. If the daycare had followed the parent’s instructions, then the daycare might not be held liable. The one question to satisfy is whether or not it is within the boundaries of reasonable care for the daycare to question the use of Benadryl on a child.
If a daycare is given a prescription medication by parents and the daycare applies the medication accordingly, then any negative consequences would be difficult to apply to the daycare and its staff. If a daycare provides reasonable care, then it is difficult for parents to successfully win a wrongful death lawsuit against the daycare.
A wrongful death lawsuit against a daycare center can be an extremely difficult case to prove. It must be proven that the daycare staff did not provide reasonable care and was either intentionally or unintentionally responsible for a child’s death. While bringing a wrongful death lawsuit against a daycare service can be difficult, it is definitely not impossible. If the parents feel they have a case, they should seek compensation in court to hopefully stop that particular daycare from ever hurting a child again.