Medical neglect of a child can come with severe consequences. In Oklahoma, parents and legal guardians have a legal duty to provide necessary medical care for their children. When a caregiver fails to seek medical treatment for a child, it may be considered medical neglect. Below, we explore how Oklahoma law defines medical neglect, potential criminal charges, and the possible legal consequences.
Understanding Medical Neglect Under Oklahoma Law
Medical neglect occurs when parents or guardians fail to provide necessary health treatment, resulting in harm or risk of harm. This includes:
- Refusing or delaying medical care for a child’s serious illness or injury
- Ignoring a doctor’s recommendations for essential treatment
- Failing to provide medication for a child’s diagnosed condition (such as diabetes or epilepsy)
- Denying mental health care when a child is experiencing severe emotional distress
Medical neglect is typically classified as child neglect or child abuse, which can carry both criminal and civil consequences.
Potential Criminal Charges for Medical Neglect in Oklahoma
Oklahoma law defines child neglect as a willful or malicious failure to provide adequate medical care, supervision, or other necessary support for a child. Medical neglect falls under this statute, and a conviction can result in felony charges.
If medical neglect creates a risk of harm to the child, prosecutors may charge the caregiver with child endangerment. This applies when a parent knowingly places a child in danger due to reckless disregard for their health or safety.
In extreme cases where medical neglect results in a child’s death, the caregiver may face more severe criminal charges:
- First-degree murder – If the neglect is particularly egregious or involves an intent to harm, prosecutors may pursue first-degree murder charges, which carry a life sentence or the death penalty.
- Second-degree murder – If the death results from reckless disregard for human life, the caregiver could face 10 years to life in prison.
- Manslaughter – If the child dies due to negligent medical care, but without intent, the caregiver could be charged with manslaughter, carrying a sentence of up to life in prison.
Defenses to Medical Neglect Charges in Oklahoma
A parent or guardian accused of medical neglect may raise several defenses. Oklahoma law recognizes religious exemptions for medical treatment. If a parent, in good faith, relies on prayer or spiritual healing in place of medical care, this may serve as a defense. However, the state can still intervene if the child’s health is in immediate danger.
If a parent was unaware of the child’s condition or did not recognize the need for medical care, this may serve as a defense against willful neglect charges. Additionally, if a parent lacks financial resources to obtain necessary medical care, Oklahoma child welfare agencies may provide assistance, and this may mitigate criminal liability.
Tulsa County Criminal Defense Lawyers
Medical neglect is a serious offense in Oklahoma that can lead to felony charges, imprisonment, and loss of parental rights. Parents and guardians should always seek proper medical care for their children to avoid potential legal consequences. If you are facing allegations of medical neglect, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.