Medical Neglect of a Child

Medical neglect of a child is the failure of a parent or a guardian to adequately provide medical care for their child or children. Some examples of medical neglect can be the following:

• Delaying medical assistance and failing to recognize obvious signs of physical injury, medical illness, or mental health;
• Ignoring and refusing recommendations by a physician that places the child at risk;
• Bringing the child to a health care setting only when the child becomes seriously ill or near death;
• If a child misses an excessive amount of school due to chronic illness.

However, not all scenarios immediately mean medical neglect or child abuse. Poverty or lack of access to care can contribute to neglect. Additionally, a lack of awareness or trust in healthcare professionals can be part of the issue as well. Criminal child abuse charges may be involved in some cases.

Recognizing medical access discrepancies in different communities can help guide doctors, nurses, and legal professionals in determining if medical neglect exists. Once a finding is established, medical providers can intervene, but bear in mind that the child’s health is the primary concern.

What Types of Actions Are Considered to Be Medical Neglect?

The American Academy of Pediatricians recognizes several signs and symptoms that can be considered medical neglect. Below is a summary of some of those actions that may be labeled as medical neglect for a child.

Inadequate medical care that endangers the health of the child. This means that a parent or a guardian fails to provide adequate care, which may result in untreated medical or mental conditions that eventually cause harm or danger to a child. There is not enough nutrition provided by the parent or the caregiver to the child. This may mean the child is not eating enough and their basic nutrition is insufficient. A parent or caregiver purposely withholds food and water.

Lastly, the parent or caregiver ignores the mental health issues of the child and does not provide necessary mental health support, which can lead to potential health and emotional impairment for a child.

What Can a Physician Do in Cases of Medical Neglect?

As mentioned above, the child’s well-being should be the physician’s first concern. Pediatricians can educate and further assist families in de-escalating medical neglect in terms of medical intervention.

The management of medical neglect involves initially identifying the underlying problem that led to the neglect. Ensuring that the family is treated as an equal partner in the decision-making process will create more transparent communication.

After this is accomplished, the following steps are possible for a pediatrician:

• You can counsel the family about the need for care and educate the parents and patient;
• Expanding the circle of caregivers will help with the child’s medical care;
• Develop a family medical plan and engage with the caregivers;
• Document agreements and guidelines to ensure that both parents and medical staff are following the medical plan while being informed of the importance of the child’s medical care;
• Provide awareness of community resources to aid in caring for the child, such as visiting nurses and transportation services;
• A partial hospital or day-hospital program can be helpful in cases in which family dysfunction and lack of patient compliance issues; and
• Refer families to child protective services agencies to ensure that necessary medical care is received.

Will Child Services Intervene in Cases of Medical Neglect?

Some situations warrant the intervention of child protection services (CPS) in medical neglect cases. The agency should understand what the nature of the child’s medical problem is and why appropriate medical care is crucial to the child’s health and development. If the family repeatedly fails to provide adequate medical care and endangers the life of the child, CPS can intervene. In extreme cases in which the family is not able to cooperate, placing the child in foster care may be a viable option.

The courts and CPS examine the totality of circumstances in each case to determine further legal action. If the parent or guardian is consistently ignoring strong recommendations from the medical community and is not complying with the agreed treatment, this can lead to court intervention.

There is a strong consensus among the community that healthcare decision-making is one of the rights reserved to parents. However, in some cases, the state must intervene to protect the child. Many courts will allow a state child protection agency to make medical decisions for a child if:

• The medical community agrees on the appropriate course of treatment for the child;
• Without the treatment, the child would die;
• The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life: and
• The parent is unreasonably refusing to grant consent for the treatment.

Are There Legal Consequences Associated with Medical Neglect of a Child?

Each jurisdiction has a process in place for filing a report or notifying child protective services. The majority of the states allow the following types of people to report parents for their medical neglect:

• The child;
• Physicians, nurses, and other medical personnel;
• Social workers or physiatrists;
• Family members or family friends;
• The child’s school staff;
• Other adults are in contact with the child, such as a coach.

When parents refuse necessary or life-saving care for their children, they could face serious legal consequences. The states do have medical neglect regulations in place. One of the major legal consequences for failing to adhere to these laws is the loss of child custody.

The state may rule that the parent is neglecting the child and place them in state custody. In some cases, the custody order may be temporary, and the parents can regain custody. But, in more extreme cases, a court order can terminate parental rights permanently.

Another legal consequence for failing to provide the necessary healthcare for the child is facing possible criminal charges, depending on each case. The parent may face child abuse, child neglect, and assault charges for failing to provide the necessary medical care for their child. This could mean time in prison for the parent, along with hefty penalties. Criminal charges and convictions can also lead to the termination of parental rights.

How to Prove Medical Neglect of a Child?

You need to prove several factors for the determination of medical neglect, which may include:

• A child is harmed or at risk of harm due to lack of health care;
• The recommended health care plan is beneficial for the child;
• The benefit of the treatment is higher than its morbidity. A reasonable caregiver would choose treatment over non-treatment;
• Access to healthcare is ignored and not utilized; and
• The caregiver comprehends the importance of the medical advice being provided.

Do I Need a Lawyer if I Have Legal Issues Involving Medical Neglect?

Providing adequate medical care is necessary for the child’s well-being. Failure to do so can result in further deterioration of your child’s health. If the state intervenes in your case of medical neglect or if you need to report medical neglect, do not hesitate to reach out to a local children lawyer to assist you with your case. The child must have access to healthcare that suits their medical needs.