Parents: Daycare Center Providers Can Be Legally Liable For Allergy Mistakes

Many parents assume that filling out the appropriate paperwork regarding the allergies of their children is enough to ensure that their children do not consume or get exposed to substances they are allergic to. However, errors in daycare centers can happen, and depending on the severity of the reaction, children may need to be hospitalized or death could occur. 

Taking Action After Allergen Exposures

- Document all instances of the daycare center exposing your child to reported allergens even if the response to the allergens were not severe. Treat repeated mistakes as a life and death issue because in essence, it really is. Therefore, you may want to consider removing your child from a daycare center that continues to make mistakes.  

- Consider the amount of time between the exposure and when you were notified. A child who has had mild allergic reactions in the past to a certain substance could have an anaphylactic response to the same substance. This is why daycare centers should immediately notify parents of exposure to allergens. A center that chooses to wait until the parent picks the child up could be considered negligent, regardless of the severity of the reaction. 

- Upon receiving notification of an exposure to a known allergen, you should ensure your child receives medical attention even if the allergic reaction is mild or moderate. This creates medical documentation of the center's error. You may be tempted not to take your child to the doctor or hospital due to the cost of the visit. Keep in mind that the center could be held legally liable for the cost of your child's medical treatment due to their error. 

- Some daycare centers give parents "boo-boo reports," which serve as documentation of when a child gets injured on the premises. Keep these papers in case you need them.

- Ask questions to determine which staff member contributed to your child being exposed to the allergen. Also, inquire about whether any action was taken, such as the employee receiving a reprimand. 

Final Thoughts

Use a personal injury lawyer, such as Arrington Schelin & Munsey PC, as a resource if your child has an allergic response to an allergen that you notified the center of in advance. By notifying the center in writing of the allergies, their act of exposing your child to the allergens could be viewed as a negligent act. You could be compensated for missed time from work, your child's emotional trauma from the exposure, and other punitive damages. In the tragic case of an anaphylactic response that results in the death of a child, parents could file a wrongful death lawsuit. 

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