At Premier Law Group We Take Care of Children
It can be difficult to entrust your children to strangers. However, when parents and family members need to work, daycare is often the only option. While there are a number of stories about neglect and abuse in daycare, another problem that people often don’t think about is when a child is given improper medication by daycare staff. Daycare improper medication can make a child very ill and lead to future health issues as well.
If a daycare provider has given your child improper medication and they are suffering harm as a result, you can turn to the legal system for help. Call Premier Law Group to speak with one of our Seattle child injury attorneys. We’ll provide a free case review and answer any questions you have about your situation. Call 206.285.1743 today.
Washington Laws on Medication in Daycares
Washington State Legislature has many laws regarding the use, administration, and storage of medication in daycares. Section WAC 110-300-0215 states the following.
- The policy for managing medications must include:
- Safe storage
- Reasonable accommodations for giving medication
- Mandatory documentation
- Daycare staff cannot give medications to a child if they have not successfully completed an orientation about policies and procedures, as well as a training course in administration, or equivalent training
- Daycare staff must not give medication to a child without written and signed consent from that child’s parent or guardian
- They must administer medication according to the directions on the label
- They must use appropriate and clean measuring devices
- Prescription medication must be given only to the child who’s name is on the label
- Any prescription medications should be prescribed by a healthcare provider with prescriptive authority for a specific child
- Prescription medication must come with an authorization form that lists the medical use and possible side effects
- Prescription medication must be labeled with:
- The child’s first and last name.
- The date the prescription was filled last.
- The contact information of the prescribing health professional.
- An expiration date, dosage amount, and length of time for the medication.
- Instructions for administration and storage.
- Nonprescription medications brought in by a parent or guardian should be in the original packaging
- Over-the-counter medication needs to have the child’s first and last name on it. It should also have an authorization form that has:
- the expiration date
- medical need
- dosage amount
- length of time to give the medication.
- Daycare staff must follow the instructions on the label unless a parent provides a note from a medical professional stating otherwise.
- Over-the-counter medications should be given only to the child who’s name is on the label provided by the parent or guardian.
What Do These Laws Mean?
These laws are in place to ensure that children will not be given medication when they do not need it. They also ensure that proper dosages are given to the children who need them. When daycare improper medication happens, it is a violation of state law. Whenever a daycare disregards state law or allows a child to suffer harm, they can be liable for the child’s injury in a court of law.
For instance, if a young child in a daycare is able to open a medicine cabinet and swallows a handful of pills and has to go to the hospital, the daycare was negligent. Additionally, if daycare staff knowingly administers medication to a child when they do not need it, just to calm the child down, that’s a form of abuse. This is a chemical restraint which may be grounds for a personal injury claim.
Children can become extremely hurt by daycare improper medication. They can overdose, or receive medication they are allergic to. This could result in rashes, vomiting, or send them into anaphylactic shock as well. The wrong medication can also cause lifelong damage.
Speak with an Experienced Seattle Daycare Improper Medication Lawyer
All parents should expect that their child will be safe in a daycare. When children endure harm resulting from neglect or abuse, the parents have the right to file a claim against the daycare. The claim should cover compensation for any medical care the child needs, as well as any loss of income if one or both parents need to stop working while their child is receiving care.
If your child has injuries due to daycare improper medication, contact Premier Law Group. Call 206.285.1743 to begin your free case review. And remember, there is no legal fee unless we win your case.