What can a mother do about her child's medical neglect?

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:
  • State: Ohio

Answer:

Medical neglect occurs when a parent fails to provide appropriate health care for a child, despite being financially able to do so. In some cases, parents may withhold traditional medical care due to religious beliefs, which typically do not qualify as medical neglect. Courts in some states can mandate medical treatment to save a child's life or prevent serious injury due to lack of care.

In this situation, the father's refusal to seek necessary medical treatment for the child's broken foot and spine issue may constitute medical neglect, especially if it leads to long-term health problems. While medical neglect does not always need to be life-threatening, the child's well-being is at risk. The mother may want to document these incidents and consider seeking legal advice to explore her options for ensuring the child's medical needs are met.

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

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.