Does medical neglect have to be life threatening?

Q: Can a parent refuse medical treatment for their child?

Yes, a parent can refuse medical treatment for their child, but this refusal must be based on informed decisions. If the refusal endangers the child's health or well-being, it may be considered medical neglect. Courts can intervene if necessary to ensure the child receives appropriate care.

Q: What should a parent do if they suspect medical neglect?

If a parent suspects medical neglect, they should document any incidents and gather evidence of the child's medical needs. It may be beneficial to consult with a legal professional to understand the options available for ensuring the child's health and safety.

Q: Is medical neglect only about life-threatening situations?

No, medical neglect does not have to be life-threatening. It can also involve failing to address non-life-threatening conditions that could lead to long-term health issues. The focus is on the child's overall well-being and access to necessary medical care.

Q: What legal actions can be taken in cases of medical neglect?

In cases of medical neglect, a parent may file a complaint with child protective services or seek legal intervention through the courts. This can involve requesting a custody modification or seeking a court order for necessary medical treatment for the child.

Full question:

Regarding a child's medical care-A child injured her foot and noncustodial parent took the child to the hospital. She was told it was a sprain. The next day, after the radiologist read the x-ray, they called and said it was broken and she was to take the child to see an orthopedic doctor. She told the father what occurred and gave him the name of a doctor who treated the child before for a broken bone. The father said he was not going to take her as he felt she would be fine. The mother was also told several months ago by the child's school that she had a problem with her spine and needed to see a doctor for it and to send documentation for the next school year. The father (who has just become the residential parent) has refused to do so and let his girlfriend take her to a chiropractor instead. What can the mother do in this case? Would this fall under neglect? All of this is done with the purpose of abusing the mother through the daughter. We are concerned for the lasting effects of lack of medical treatment to the child. Does medical neglect have to be life threatening?

Category: Courts
Subcategory: Legal Definitions
Date: 04/07/2025
State: Ohio

Answer:

Medical neglect is the failure to provide for appropriate health care for a child although financially able to do so. In some cases, a parent or other caretaker will withhold traditional medical care during the practice of certain religious beliefs. These cases generally do not fall under the definition of medical neglect. Some states will allow a court order forcing medical treatment of a child in order to save the child’s life or prevent life-threatening injury resulting from lack of treatment. Medical neglect can result in poor overall health and compounded medical problems. Neglect may be required to be reported by certain professions.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered medical neglect in children?

Medical neglect occurs when a parent fails to provide necessary medical care for a child, despite having the means to do so. This includes not seeking treatment for injuries or health issues that could lead to serious harm. It can involve ignoring medical advice or opting for alternative treatments that are not suitable for the child's condition.