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Jason R. Schultz P.C

Daycare Negligence: Overmedication of Child by Daycare or Babysitter

If daycare negligence is to blame for overmedication of a child in the facility’s care, parents may file a claim if the child suffers serious side effects and injuries. An Atlanta personal injury attorney will present evidence of damages and establish the liability of the daycare facility when helping parents pursue a claim for their child’s injury.

Circumstances That May Lead to Overmedication

Whatever the cause of a child being overmedicated, it generally stems from careless or reckless actions on behalf of the person taking care of the child. One example of carelessness is when the child is given medication without the proper dispenser (such as a syringe), or the caregiver guesses how much medicine is being given.

If measures aren’t met to ensure the medication is stored away out of the child’s reach yet the child still gets to it, this could also be considered careless and a case of daycare negligence. Another example may be if the parent’s instructions for giving the child the medicine are not followed.

Overmedication stemming from recklessness could occur when the caregiver decides to give more than necessary in order to get a child to sleep or quiet down. Overmedication may also stem from forgetting to give the child a dose of the medicine and then doubling the next dose.

If a babysitter or daycare worker gives medication to a child that was never authorized by the parent and/or physician, this could also be considered daycare negligence. In Georgia, it is against the law for a daycare center to do dispense medication without permission.

All of these examples are just some of the circumstances that could result in a child being overmedicated, which may lead to a variety of symptoms such as vomiting, dizziness, headache, muscle weakness and other discomfort. Overmedicating can also cause liver damage, seizures, stomach bleeding, and may even lead to death. In cases of serious child injury, an Atlanta personal injury attorney can help parents pursue a claim against the daycare.

Liability of a Daycare or Babysitter for a Child Injury

If it can be proven that injuries or death was caused by daycare negligence, an Atlanta personal injury attorney can help build a case to hold the negligent party liable. Those who are entrusted with the care of children are expected to act in a manner in which any foreseeable dangers are eliminated. Leaving a bottle of medicine out in the open, where a child may have easy access, is just one example.

When there is a failure to provide reasonable care, whatever the circumstances, this could help in establishing negligence. Evidence of serious child injury resulting from the negligent action must be established as well.

If a child is overmedicated and sleeps a little longer, although this is clearly not providing adequate care, it doesn’t necessarily warrant filing a claim. But if the child suffers injury directly related to being overmedicated, this could lead to pursuing damages with an Atlanta personal injury attorney.

Types of Compensation That Might Be Available in a Child Injury Claim

Medical bills are often among the damages in a child injury claim following daycare negligence. This may include ambulatory services, an emergency room visit, hospitalization and follow-up doctor visits. When overmedication results in fatal injuries, the parent may be able to sue for wrongful death. This could lead to other types of compensation that addresses the emotional impact of losing a child.

It’s often helpful to talk with an Atlanta personal injury attorney about the validity of a claim and the options that could be available. The Law Office of Jason R. Schultz can assist parents with their child injury claims associated with daycare negligence and overmedication. Call 404-474-0804. 


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