Arizona Daycare Improper Medication Lawyers
Entrusting your child to strangers can be extremely difficult. However, when parents and other family members need to work, it is often the only option. There are many stories of neglect and abuse in daycare that we would prefer not to think about, but one problem that is often overlooked is when a child is given improper medication by daycare staff. This can make the child very sick, and potentially lead to future health issues.
If a daycare provider gives your child improper medication and he or she suffers harm as a result, you can turn to the legal system for help. Sit down with our Arizona child injury attorneys at Breyer Law Offices, P.C., in a free consultation if you have question about your own situation - dial (602) 267-1280 today.
Arizona has many laws regarding the use, administration, and storage of medication in daycares. These are outlined by the Arizona Department of Health Services in the Arizona Administrative Code and Arizona Revised Statutes for Child Care Facilities. Section R9-5-516 states:
- The daycare is required to keep a written statement on the daycare grounds specifying when prescription or non-prescription medications are to be given to the children enrolled in the daycare.
- Only one staff member should be responsible for administering medication.
- When medication is administered to a child, the facility director or a designee outlined in writing is responsible for administering the medication, and supervising the child while he/she takes the medication.
- Medication must be stored properly.
- All medication given to a child must be documented.
- No medication is to be given to a child without the written consent of the parent(s).
- Injected medications are only to be administered with written authorization from a healthcare provider.
- Individuals authorized by state laws may administer injections in the event of an emergency.
- All medications not used by the expiration date must be returned to the parent, or properly disposed of if the child has left the program.
- Neither prescription medications nor non-prescriptions medications are to be stocked by daycare facilities to administer to children.
These laws are meant to ensure that children will not be given medication when they do not need it, and that proper dosages are given to the children who require them. When daycare facilities fail to comply with these regulations, they’re in violation of state law. Any time a daycare disregards state law and/or allows a child to be harmed, they may be found liable for the child’s injury in a court of law.
For example, if a young child in a Phoenix daycare is able to open a medicine cabinet that isn’t locked and swallows a handful of pills and has to be rushed to the hospital, the daycare would certainly be found negligent. In addition, if daycare staff knowingly administer medication to a child when he does not need it just to calm the child down, that’s a form of abuse called chemical restraint; and would definitely be grounds for a personal injury claim against the daycare.
Children can be extremely hurt by daycare medication negligence. They can overdose on a drug, or be given medication they are allergic to, which could cause rashes, vomiting, or send them into anaphylactic shock. In the worst cases, the wrong medication can do lifelong damage.
All parents have the right to expect their child will be kept safe in a daycare setting. When children are injured by neglect or abuse, the parents have the right to file a claim against the daycare on their child’s behalf. The claim should provide compensation for any medical care the child needs, a loss of income if one or both parents were forced to stop working while their child was cared for, and more.
If your child has been given improper medication in a daycare setting, contact The Husband and Wife Law Team at (602) 267-1280. As parents of eight children ourselves, we take any injury to a child seriously. We will fight hard to ensure your rights are upheld, and support you every step of the way. Call us today. We want to help!
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer