Criminal Law- Response Critical Thinking Example

Childhood obesity per se, may not constitute medical neglect. However, some cases of childhood obesity, primarily those involving comorbid conditions are definitely cases of medical neglect. Neglect in this case lies squarely with either the caregivers or guardians of these children. As rightly noted, guardians and parents are solely responsible for children under their care in providing healthy foods and healthy lifestyle choices such as exercise regimes. Consequentially, a failure to do this and thereby resulting in comorbid conditions that put the children at risk may constitute cases of medical neglect. However, legislation in this regard is hitherto fuzzy or non-existent. Regardless of this fact, medical negligence has occurred depending on the nature of the child’s obesity. This means that, the absence of comorbid conditions signifies absence of medical neglect.
Additionally, obese children having comorbid conditions that point to serious harm, but which can be reversed in adulthood, does not point to medical neglect. Sufficient evidence for neglect, however exists when obese children have comorbid conditions that point to serious harm which cannot be reversed in adulthood. Furthermore, obese children with comorbid conditions that pose serious and imminent harm to the children is a serious case of medical neglect. In both of these later cases, and in the event that all avenues have been exhausted, fronting legal charges against medical negligence is a justifiable course.
Conclusively, in as much as parents or guardians claim to always do what is best for their children, in the event that evidence of negligence exists on their part which puts the child’s health at risk, they should be held culpable. However, inroads into medical negligence and obesity has hitherto, not taken root hence culpable offences are yet to be reported. There is always a first in everything nonetheless, and a first in punishing medical negligence in comorbid child obesity will certainly set a good precedence.