Nursemaid’s Elbow at Chicago Daycares

Every parent trusts a Chicago daycare to keep their child safe. But nursemaid’s elbow, a painful partial dislocation of the elbow joint, happens more often than most people realize in childcare settings across the city, from Logan Square to Lincoln Park, and from Pilsen to the Near North Side. When a daycare worker pulls, swings, or yanks a toddler’s arm the wrong way, the result can be immediate pain, a frightened child, and a frantic call to a pediatric emergency room. If your child suffered this injury at a Chicago daycare, you deserve to understand what happened, who is responsible, and what your legal options are. Briskman Briskman & Greenberg is a Chicago personal injury lawyer firm that represents families whose children have been hurt through daycare negligence.

Table of Contents

• What Is Nursemaid’s Elbow and Why Does It Happen at Daycares?
• Recognizing the Signs of Nursemaid’s Elbow in Your Child
• Illinois Law and Daycare Liability for Nursemaid’s Elbow
• What Damages Can Your Family Recover?
• Filing a Claim: Illinois Deadlines and What to Do Right Now
• FAQs About Nursemaid’s Elbow at Chicago Daycares

What Is Nursemaid’s Elbow and Why Does It Happen at Daycares?

Nursemaid’s elbow, or radial head subluxation, is a common injury in young children where the radial head slips under the annular ligament, causing pain and an inability to rotate the forearm. The name itself has a telling origin. The term “nursemaid’s elbow” comes from the era when nursemaids or nannies commonly looked after children and were blamed for causing the injury. That history is relevant today, because the injury still happens most often when a caregiver pulls or lifts a child improperly.

Because a young child’s bones and muscles are still developing, it typically takes very little force to pull the bones of the elbow partially out of place. The injury occurs most often in children ages 1 to 4 years, but it can happen any time from birth up to age 6 or 7. Daycares are full of children in exactly that age range. Think about the toddler rooms at a Wicker Park childcare center or an infant class at a South Loop daycare. These are the children most at risk.

Nursemaid’s elbow often occurs when a caregiver holds a child’s hand or wrist and pulls suddenly on the arm to avoid a dangerous situation or to help the child onto a step or curb. The injury may also occur during play when an older friend or family member swings a child around holding just the arms or hands. At a busy daycare, these moments happen constantly. A staff member rushes to stop a toddler from running into a table. A worker yanks a child back from a doorway. A well-meaning caregiver lifts a child by one arm to move them quickly. Any of these actions can cause nursemaid’s elbow.

Radial head subluxation is common in children 1 to 4 years of age and represents more than 20% of upper extremity injuries in children. It occurs less commonly in children older than the age of 5 because the annular ligament strengthens with age. That statistic alone tells you how frequently this injury affects the exact children enrolled in Chicago daycares. Prevention of nursemaid’s elbow in children may be accomplished with education of parents, daycare workers, and teachers on the mechanism of this common injury. When a daycare fails to train its staff properly, children pay the price.

Recognizing the Signs of Nursemaid’s Elbow in Your Child

Young children cannot always explain what hurts. A toddler who comes home from daycare holding one arm strangely may not be able to tell you what happened. That makes it critical for parents to know exactly what nursemaid’s elbow looks like, because the sooner a child gets treatment, the better the outcome.

Because moving the injured arm may be painful, the primary symptom of nursemaid’s elbow is that the child will hold the arm still at their side and refuse to bend or rotate the elbow or use the arm. This is often the first thing a parent notices. The child may seem fine otherwise, which can make the injury easy to miss. If you didn’t witness the injury, nursemaid’s elbow symptoms might not be obvious. Children will cry from the pain at first, but they might not complain much afterward. It won’t cause swelling.

Watch for these specific signs. Pay attention if your child cries or expresses pain immediately after being pulled by the arms or hands, has pain in their wrist or shoulder, avoids moving or refuses to move their arm below their shoulder, supports one arm with their other hand, holds their arm straight or slightly bent and close to their body, or refuses to rotate their palm.

One important point: failing to correct the elbow could leave your child permanently disabled. That is not a scare tactic. That is a medical reality. Delay can make the injury harder to fix because the misplaced radial bone stretches the ligaments, making them less fit to snap back into place. If your child comes home from a Chicago daycare with these symptoms, go to a pediatric emergency room or urgent care immediately. Ann & Robert H. Lurie Children’s Hospital on Erie Street is one of the best places in Chicago for this kind of pediatric emergency. Document everything, including the time you noticed the symptoms, what your child said, and what the daycare told you.

Illinois Law and Daycare Liability for Nursemaid’s Elbow

Chicago daycares operate under a clear set of legal obligations. When they fail to meet those obligations and a child is hurt, the daycare can be held responsible. Understanding the legal framework helps you see why a nursemaid’s elbow case is not just a medical issue. It is a legal one.

Under the Illinois Child Care Act of 1969 (225 ILCS 10), daycares must meet specific licensing standards set by the Illinois Department of Children and Family Services (DCFS). Each center must have a qualified director during hours of operation, follow limits on the number of children in each classroom or group, comply with child-staff ratios at all times, and provide an environment where children are safe and comfortable. A daycare that overstaffs toddler rooms or fails to train workers on safe child-handling techniques is in violation of these requirements.

Child care staff shall provide appropriate supervision to children at all times. That language is direct. It is not optional. When a daycare worker yanks a child by the wrist, swings a toddler by one arm, or handles a child roughly during a moment of poor supervision, that is a failure to meet this standard. Illinois law gives families the right to pursue a civil negligence claim against the daycare for those failures.

Illinois also imposes a general duty of reasonable care under common law negligence principles. A daycare owes every enrolled child a duty of care. When a staff member causes nursemaid’s elbow through rough handling or a lack of proper training, the daycare has breached that duty. If that breach caused your child’s injury and your child suffered damages, including medical bills, pain, and emotional distress, you have the foundation of a negligence claim. Liability can extend to the daycare owner, the operating company, and in some cases the individual worker. Questions about who bears responsibility in a case like this are similar to those that arise in broader discussions of daycare owner liability and negligent hiring under Illinois law.

What Damages Can Your Family Recover?

When a Chicago daycare causes your child to suffer nursemaid’s elbow, the financial and emotional toll on your family is real. Illinois law allows families to seek compensation for a range of damages tied to the injury.

Medical expenses are the most immediate concern. Treatment typically requires a visit to a pediatric emergency room or urgent care clinic, where a doctor performs a procedure called a reduction to move the radial head back into position. In most cases of nursemaid’s elbow, the doctor will gently move the bones back into normal position. The medical term for this procedure is “reduction.” The cost of an emergency room visit in Chicago can be substantial, and if your child needs imaging to rule out a fracture, those costs add up quickly. You can seek compensation for all of these medical bills.

There is also the issue of recurrence. The condition returns about 20% of the time. Once a nursemaid’s elbow has occurred, there is a high likelihood of it happening again. If your child suffers repeat episodes because of the initial injury caused by daycare negligence, those future medical costs are also recoverable. Beyond medical bills, Illinois law allows recovery for your child’s pain and suffering, emotional distress, and any lasting impact the injury has on the child’s daily life and development. Parents may also recover costs tied to taking time off work to care for the child and attend medical appointments.

In cases where a daycare’s conduct was particularly reckless, such as a pattern of rough handling of toddlers or a complete failure to train staff, Illinois courts may also consider punitive damages. These are meant to punish conduct that goes beyond ordinary negligence. The value of any individual case depends on the specific facts, and no attorney can promise a particular outcome. What Briskman Briskman & Greenberg can promise is a thorough investigation of your child’s case and honest guidance about your options.

Filing a Claim: Illinois Deadlines and What to Do Right Now

Time matters in a daycare injury case. Illinois sets strict deadlines for filing personal injury claims, and missing those deadlines can end your case before it begins. Knowing the rules gives you the power to act.

Under 735 ILCS 5/13-202, the general statute of limitations for personal injury claims in Illinois is two years from the date of the injury. However, there is an important exception for children. If the person entitled to bring an action, at the time the cause of action accrued, is under the age of 18 years or is under a legal disability, then he or she may bring the action within 2 years after the person attains the age of 18 years, or the disability is removed. This means the clock on your child’s personal injury claim does not start running until their 18th birthday. That gives families more time, but waiting is still a serious mistake. Evidence disappears. Witnesses forget. Surveillance footage from Chicago daycare facilities gets deleted. The sooner you act, the stronger your case.

Right now, there are specific steps you should take. First, get your child medical care immediately. Second, document the injury with photographs and keep all medical records. Third, report the incident to the daycare in writing and ask for a written incident report. Fourth, report the injury to DCFS, which investigates daycare safety violations in Illinois. Fifth, do not sign any releases or accept any settlement offers from the daycare or its insurer without speaking to an attorney first.

Briskman Briskman & Greenberg handles daycare injury cases throughout Chicago and the surrounding area, including cases that arise near Millennium Park, in the neighborhoods of Hyde Park, Bridgeport, and Rogers Park, and in suburbs accessible via the I-90 and I-94 corridors. If your child was hurt at a Chicago daycare, call us at (312) 222-0010 to discuss your situation. There is no charge for the initial consultation, and we work on a contingency fee basis in personal injury cases, meaning you pay no attorney’s fee unless we recover compensation for you. However, you may still be responsible for case costs and expenses, so please ask us to explain the full terms when you call.

FAQs About Nursemaid’s Elbow at Chicago Daycares

Can a daycare really be held legally responsible for nursemaid’s elbow?

Yes. A daycare has a legal duty to handle children safely and to train its staff on proper child-handling techniques. Under Illinois common law negligence principles and the standards set by the Illinois Child Care Act of 1969 (225 ILCS 10), a daycare that causes nursemaid’s elbow through rough handling, inadequate supervision, or failure to train staff can be held liable for the resulting injuries and damages. Each case depends on its specific facts, and speaking with an attorney is the best way to evaluate your situation.

What if my child’s daycare says the injury was an accident and no one’s fault?

Accidents can still be the result of negligence. If a daycare worker yanked your child’s arm because they were rushing, understaffed, or untrained in proper child-handling, that is not just bad luck. That is a failure to meet the standard of care owed to your child. The daycare calling it an accident does not end your legal rights. An attorney can investigate what actually happened, including reviewing incident reports, interviewing staff, and examining DCFS inspection records for the facility.

How long do I have to file a lawsuit after my child suffered nursemaid’s elbow at a Chicago daycare?

Illinois law under 735 ILCS 5/13-211 gives injured minors two years from the date they turn 18 to file a personal injury claim. That means the deadline does not typically run out while your child is still a minor. However, waiting years to pursue a claim is risky. Evidence fades, witnesses move on, and daycare records may no longer be available. Acting quickly after the injury gives your case the best chance of success.

My child’s nursemaid’s elbow healed quickly. Is it still worth pursuing a legal claim?

Possibly, yes. Even injuries that heal relatively quickly can have real costs, including emergency room bills, follow-up appointments, imaging costs, and time you took off work to care for your child. Additionally, nursemaid’s elbow has a recurrence rate of about 20%, meaning your child may face the same injury again. A daycare that caused this injury through negligence should be held accountable, and a legal claim can help recover your out-of-pocket costs and compensate your child for the pain they experienced. An attorney can help you assess whether the facts of your case support a claim.

What should I do if the daycare refuses to give me an incident report after my child’s injury?

A daycare’s refusal to provide an incident report is a red flag. Under Illinois DCFS regulations, licensed daycare centers are required to document injuries and maintain records. You should put your request for the incident report in writing, keep a copy of that request, and contact DCFS to report both the injury and the daycare’s lack of cooperation. You should also contact an attorney right away. An attorney can send a formal preservation letter requiring the daycare to retain all records, video footage, and communications related to the incident before that evidence disappears.

This page is an advertisement for legal services. Briskman Briskman & Greenberg is responsible for this content. Our principal office is located at 33 N. Dearborn Street, Suite 2330, Chicago, IL 60602. Past results do not guarantee similar outcomes in future cases. Each case is different and must be evaluated on its own facts. Contacting us does not create an attorney-client relationship.

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