Dropping your child off at daycare requires a great deal of trust. When your child needs medication during the day, you also trust staff to give the right medicine, in the right amount, and at the right time.
A medication mistake can put a child at risk of an allergic reaction, overdose, delayed treatment, or other serious complications. When a daycare medication error is caused by negligence, including a failure to follow required medication procedures, the daycare may be held responsible for the harm it causes.
If you suspect your child received the wrong medication or dosage at daycare, contact a daycare injury lawyer at our firm to schedule a free consultation to discuss your next steps.
What Are Georgia’s Rules for Giving Medication at Daycare?
Georgia has specific requirements for medication administration at licensed childcare learning centers.
Under Georgia Rule 591-1-1-.20, daycare personnel cannot give a child prescription or nonprescription medication without specific written authorization from a parent or physician. The authorization should include information such as the child’s name, medication, dosage, dates and times it should be given, and a parent’s signature.
The rule also requires centers to:
- Dispense medication only from its original container labeled with the child’s name, except as otherwise authorized by Georgia law
- Keep a record showing the date, time, and amount of medication administered
- Document any noticeable adverse reactions
- Record the initials or signature of the person who administered the medication
- Keep medication locked or inaccessible to children and separate from cleaning products, chemicals, and poisons
These safeguards can help prevent mix-ups and provide a record of what happened if something goes wrong.
What Medication Errors Can Happen at Daycare?
Common errors may include:
- Giving Medication to the Wrong Child: Staff may fail to verify a child’s identity before administering medication.
- Giving the Wrong Medication: A child may receive a medication intended for someone else or a different medication than the one authorized.
- Administering the Wrong Dose: A staff member may misread instructions, measure a dose incorrectly, or give an additional dose.
- Giving Medication at the Wrong Time: Administering doses too close together or missing a scheduled dose can create health risks.
- Failing to Follow Instructions: Staff may overlook written directions concerning dosage, timing, or other requirements.
- Failing to Document a Dose: If staff does not record that medication was already given, another employee may unknowingly administer a second dose.
Poor supervision, inadequate staff training, disorganized medication storage, understaffing, or failure to follow written instructions may contribute to these mistakes.
What Are the Signs of a Possible Medication Error?
Young children may be unable to tell a parent that something feels wrong. Parents may instead notice physical or behavioral changes after daycare.
Depending on the medication and the type of error, warning signs may include unusual sleepiness, agitation, vomiting, dizziness, a rash, breathing difficulties, confusion, or sudden changes in behavior.
These symptoms do not necessarily mean a medication error occurred. However, unexpected symptoms after medication was supposed to be administered deserve attention. Serious symptoms, especially difficulty breathing or loss of consciousness, require immediate medical care.
What Should Parents Do After a Suspected Medication Error?
Seek appropriate medical attention as soon as possible and tell the medical provider what medication your child may have received, including the suspected dose and time if known.
Once your child’s immediate medical needs have been addressed, taking a few additional steps can help clarify what happened:
- Keep medication bottles, packaging, prescription labels, and written instructions
- Request a copy of the daycare’s incident report and medication administration records
- Write down when symptoms began and how they changed
- Keep copies of medical records and other documents related to the incident
- Record important conversations with daycare employees, including who you spoke with and what you were told
- Ask how medications are stored, administered, and documented and which employees were involved
Comparing the daycare’s procedures with Georgia’s requirements and what actually happened can help identify where something went wrong.
Parents can report concerns about possible child care rule violations to the Georgia Department of Early Care and Learning (DECAL) by calling (404)-657-5562. DECAL reviews complaints involving potential rule violations and may investigate the daycare’s practices.
When Can a Daycare Be Liable for a Medication Error?
A medication mistake does not automatically make a daycare legally responsible. Liability depends on what staff did or failed to do and whether that conduct caused the child’s injuries.
A claim may involve allegations that the daycare failed to follow medication instructions, properly document a dose, or comply with required safety procedures.
Medication records, authorization forms, incident reports, medical records, witness accounts, and daycare policies may help determine how the mistake occurred and who may be responsible.
Get Legal Help After a Daycare Medication Error
Learning that your child may have been given the wrong medication can be frightening, especially when you trusted a daycare to keep them safe.
If your child was harmed by a medication error at a Georgia daycare, Prieto, DelCampo, Lopez, & Marigliano LLC can review medication records, daycare procedures, documentation, and other evidence to determine whether negligence may have played a role.
Contact us today to schedule a free consultation and learn what steps you can take to protect your child.