Shaken Baby Syndrome at Daycare: Abusive Head Trauma, Warning Signs, and Legal Options in Illinois

Reviewed By: The Spiros Law Team | Last Reviewed & Updated: September 18, 2026

Quick answer: Shaken Baby Syndrome, now commonly referred to medically as Abusive Head Trauma (AHT), is a serious injury that can occur when an infant or young child is violently shaken, struck, thrown, or subjected to similar force. AHT can cause bleeding around the brain, including a subdural hematoma, bleeding in the eyes, and brain dysfunction.

AHT can be life-threatening and may occur without visible bruising or other external injuries. If your child develops symptoms such as vomiting, unusual sleepiness, limpness, seizures, breathing problems, or loss of consciousness after being in daycare, seek emergency medical care immediately.

If a child is diagnosed with AHT or an unexplained brain injury after time at an Illinois daycare, the circumstances may also raise legal issues involving the daycare, its employees, or other caregivers.

This article is for informational purposes only and is not medical or legal advice. If you believe a child is in immediate danger, call 911. To report suspected child abuse, contact your state’s child abuse hotline or the Childhelp National Child Abuse Hotline at 1-800-422-4453.

If you need your Illinois injury case reviewed? Contact Spiros Law, we offer  a free, no-obligation case review to discuss your legal options.

What Is Shaken Baby Syndrome or Abusive Head Trauma?

Shaken Baby Syndrome (SBS) is a term historically used to describe serious injuries caused by violent shaking of an infant or young child.

Medical professionals commonly use the broader term Abusive Head Trauma (AHT) because similar injuries can result from shaking, impact, or both.

Infants are particularly vulnerable because they have:

• Weak neck muscles
• Large, heavy heads relative to their bodies
• Developing brains
• Blood vessels that can be damaged by significant force

AHT can cause bleeding around the brain and inside the eyes, as well as brain injury.

What Is the Clinical Triad?

When evaluating suspected AHT, physicians may look for a combination of three findings:

1. Subdural hematoma: Bleeding between the brain and its outer covering, called the dura. CT or MRI imaging can identify this bleeding.
2. Retinal hemorrhage: Bleeding inside the eye that can be identified during an eye examination.
3. Encephalopathy: Brain dysfunction that may cause seizures, loss of consciousness, abnormal muscle tone, or other neurological symptoms.

Not every child with AHT will have all three findings. The absence of one finding does not by itself rule out AHT.

Doctors consider these findings along with the child’s medical history, developmental stage, reported events, imaging, and other medical evidence.

Warning Signs of Abusive Head Trauma

AHT may not cause visible injuries to the outside of the head or body.

Parents should seek immediate medical attention if an infant or young child develops:

• Extreme or persistent irritability
• Unusual sleepiness or difficulty staying awake
• Limpness or decreased muscle tone
• Poor feeding or refusal to eat
• Unexplained vomiting
• Seizures or convulsions
• Difficulty breathing or pauses in breathing
• Bluish skin
• A bulging soft spot on the head
• Difficulty lifting the head
• Loss of consciousness
• Sudden changes in behavior or responsiveness

No visible bruising does not mean a serious injury did not occur. AHT can involve internal brain or eye injuries without obvious external marks.

If these symptoms appear after a child has been in someone else’s care, tell the medical team when the child was last known to be well and provide a complete timeline.

Why Abusive Head Trauma Can Be Difficult to Identify

AHT can be difficult to recognize because the caregiver may not report a significant injury and symptoms may initially appear mild.

A child may seem:

• Fussy
• Tired
• Less responsive than usual
• Uninterested in feeding

Symptoms can also become more serious hours later.

For this reason, medical professionals may perform a comprehensive evaluation when AHT is suspected. This can include brain imaging, a skeletal survey to look for fractures, and a dilated eye examination.

These tests can help doctors identify injuries that may not be apparent from an external examination alone.

Medical Conditions That Can Mimic AHT

Not every case involving bleeding around the brain or other concerning findings is caused by abuse.

A medical evaluation may consider other possible causes, including:

• Bleeding or clotting disorders
• Certain metabolic conditions
• Birth-related bleeding in newborns
• Benign fluid collections around the brain in infancy

A comprehensive medical evaluation can help identify possible causes before conclusions are reached.

What to Do If You Suspect Your Child Was Injured at Daycare

If you suspect your child experienced AHT or another serious injury at daycare, consider these steps.

1. Get emergency medical care.

If your child has symptoms of a serious head injury, go to an emergency room or call 911. Tell the medical team that you are concerned about possible Abusive Head Trauma.

2. Provide the complete timeline.

Tell doctors when your child was dropped off, who cared for the child, when symptoms were first noticed, and when the child was picked up.

3. Ask the daycare for records.

Request relevant incident reports, sign-in and sign-out records, staffing information, and other records relating to the child’s care.

4. Preserve evidence.

Keep copies of:

• Medical records
• CT or MRI results
• Eye examination records
• Photographs
• Clothing
• Daycare communications
• Incident reports
• Other relevant documents

5. Report suspected abuse.

Contact the Illinois Department of Children and Family Services (DCFS) child abuse hotline and local law enforcement when appropriate. Illinois law also requires certain professionals, including many childcare providers, to report suspected child abuse or neglect.

6. Consider speaking with an attorney.

A child injury attorney can help evaluate the circumstances, identify potentially responsible parties, and determine what records or evidence may be relevant to a legal claim.

Can You Take Legal Action Against a Daycare in Illinois?

Depending on the facts, families may have several potential legal claims when a child suffers a serious injury while in daycare.

Potential issues may include:

• Negligent hiring or supervision: Whether the daycare properly screened, trained, and supervised employees.
• Institutional or premises liability: Whether staffing, supervision, or facility practices contributed to the injury.
• Claims against an individual caregiver: Whether an employee or other caregiver directly caused the child’s injury.
• Licensing violations: Whether the daycare failed to follow applicable Illinois childcare licensing requirements.

The specific legal claims available depend on the circumstances of the injury and the evidence available.

How Long Do You Have to File a Child Injury Claim in Illinois?

Illinois generally applies a two-year statute of limitations to personal injury claims under 735 ILCS 5/13-202.

Special rules apply when the injured person is a minor. Under 735 ILCS 5/13-211, the limitations period is generally tolled until the child reaches age 18, which can result in a deadline extending to the child’s 20th birthday.

Different rules may apply to claims involving government entities or other circumstances. Because deadlines can vary, families should have a potential claim reviewed as soon as possible rather than relying on a general deadline.

Frequently Asked Questions

Medical Questions About Infant Head Injuries

Can a baby have abusive head trauma without visible bruises?

Yes. Abusive Head Trauma (AHT) can involve internal injuries without obvious bruising or other visible marks. A healthcare provider may use a physical examination, brain imaging, and other diagnostic tests to evaluate a suspected head injury.

A medical finding alone does not necessarily establish how an injury occurred. Determining the cause requires consideration of the child’s medical history, examination findings, imaging, and other available evidence.

Spiros Law can review your child’s medical records, diagnostic imaging, and treatment history with qualified medical professionals when appropriate to help determine whether the available evidence supports a potential legal claim.

What is a subdural hematoma?

A subdural hematoma is bleeding that occurs between the brain and the protective tissue surrounding it. In an infant, a subdural hematoma may have several possible causes and may require additional medical evaluation, particularly when other concerning findings are present.

The presence of a subdural hematoma does not by itself establish that abuse or negligence occurred. Medical professionals must evaluate the complete clinical picture.

With Spiros Law, our Illinois litigators can review the medical evidence surrounding your child’s diagnosis, including imaging and treatment records, and consult qualified medical professionals when necessary to evaluate whether the available evidence may support a legal claim.

Illinois Daycare Injury Deadlines

How long do I have to sue a daycare in Illinois for my child’s injury?

Illinois has special rules governing the time limits for claims involving minors. Under 735 ILCS 5/13-211, a person who was under 18 when an action accrued generally has until their 20th birthday to bring certain civil actions, subject to statutory exceptions.

Other laws may establish different deadlines or notice requirements. For example, claims involving government entities can be subject to separate rules.

The applicable deadline can depend on the child’s age, the type of claim, the daycare’s legal status, and other facts.

Spiros Law can review when and how your child’s injury occurred, identify the parties that may be legally responsible, and determine which Illinois filing deadlines or notice requirements may apply.

What to Do After a Daycare Injury

What if my child seemed fine after daycare but became sick later?

Seek prompt medical attention if your child develops concerning symptoms after an injury or possible head trauma. Tell the medical team about the child’s complete timeline, including when the child was at daycare, any known incident, and when symptoms first appeared.

Some serious injuries may not be immediately obvious, and symptoms can change or worsen after an injury.

At Spiros Law, we can review the timeline of your child’s daycare visit, reported symptoms, medical treatment, and available records to help determine whether further investigation of the circumstances may be appropriate.

Can I take legal action if the daycare says nothing happened?

A daycare’s denial does not by itself establish whether a legal claim exists. The available evidence may include:

• Medical records and diagnostic imaging
• Incident and injury reports
• Daycare staffing and attendance records
• Surveillance footage, when available
• Witness statements
• Communications with daycare employees
• Prior reports or complaints, when legally relevant

The evidence must be evaluated in the context of the specific circumstances and applicable Illinois law.

When working with Spiros Law, our acclaimed injury team can investigate the available evidence, communicate with the daycare and other potentially responsible parties, and work with qualified professionals when necessary to determine whether the facts support a potential claim on your child’s behalf.

Talk to Spiros Law About a Child Injury Case

If your child was diagnosed with a subdural hematoma, retinal hemorrhage, Abusive Head Trauma, or another unexplained brain injury after being in daycare, contact Spiros Law for a confidential case review.

Spiros Law offers an esteemed team of injury law attorneys & litigators experienced in severe injury claims & lawsuits, all in effort to get accountable for all our clients have endured.

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Sources

Sources & Legal Authority

• 735 ILCS 5/13-211 — Illinois Code of Civil Procedure (Statute of Limitations; Minors and Legal Disability): Governs statutory tolling provisions for minors in personal injury actions, generally allowing filings up to two years past the child’s 18th birthday (age 20).
• 325 ILCS 5/ — Illinois Abused and Neglected Child Reporting Act (ANCRA): Establishes mandatory child abuse reporting rules for child care staff and medical professionals, as well as the investigative framework of the Illinois Department of Children and Family Services (DCFS).
• American Academy of Pediatrics (AAP) — Abusive Head Trauma in Infants and Children: Clinical policy statement outlining diagnostic criteria for AHT, including subdural hematomas, complex multi-layered retinal hemorrhages, skeletal surveys, and pediatric differential diagnosis.
• American Association for Pediatric Ophthalmology and Strabismus (AAPOS) — Retinal Hemorrhage in Children: Medical guidance detailing the forensic significance of severe retinal bleeding and vitoretinal traction associated with non-accidental acceleration-deceleration trauma.
• Illinois Administrative Code Title 89, Part 407 — Licensing Standards for Day Care Centers: Outlines legal mandates for daycare staff screening, background checks, infant safe handling policies, mandatory staff-to-child supervision ratios, and incident log maintenance.

Learn More About Daycare Negligence & Child Injury Law in Illinois

• Spiros Law — Daycare Abuse: What Parents Can Do in a Civil vs. Criminal Case: Breaks down the differences between state criminal prosecutions and civil injury lawsuits, emergency evidence preservation steps for parents, and legal options for holding negligent child care facilities accountable.
• Spiros Law — Unexplained Bruising Patterns on Infants & Toddlers: Warning Signs: Details how pediatric specialists distinguish normal toddler bumps from non-accidental physical trauma using the validated TEN-4-FACESp screening rule, what steps to take if abuse is suspected, and when to seek legal representation.
• Spiros Law — Dislocated Joints & Fractures in Toddlers: Abuse or Accident?: Explains the differences between accidental toddler injuries like nursemaid’s elbow and high-risk fractures—such as classic metaphyseal lesions and spiral fractures—along with skeletal survey protocols and legal options in Illinois.

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