Child Abuse Negligence Claim Lawyers in Austin
Understanding Child Abuse
Child abuse is a pervasive threat to the wellbeing of children in the United States. There are many types of abuse, including physical, sexual and psychological. According to the U.S. Department of Health & Human Services, neglect is a type of child abuse, too. Generally speaking, neglect involves passively failing to give a child the things that he/she requires. For example, a caregiver that fails to provide food and shelter for their child may be guilty of neglect. If a child is injured or becomes ill and his/her caregiver doesn’t provide adequate medical attention, the child may be considered a victim of neglect.
Neglect is not always easy to identify; some situations may appear negligent but are actually the result of religious convictions or family values. Because of this, it may be easy for situations of neglect to be overlooked. Negligent caregivers may fail to give a child proper medical, educational, emotional or physical care. However, failure to provide a child with enough food may be the result of poverty, not negligence. Thus, negligence could be more accurately defined as the non-accidental failure to provide a child with the necessary physical, medical, educational or emotional care.
Types of Negligence
Medical negligence refers to a situation in which a caregiver fails to give a child necessary medical attention. If a child is injured and his/her caregiver passively fails to take the child to the doctor, the caregiver may be guilty of negligence. Medical neglect also refers to mental health. If a child requires therapy but his/her caregiver intentionally doesn’t provide the necessary mental health care that the child needs, the caregiver may be guilty of neglect.
Physical negligence is easier to identify. Physical neglect involves denying a child food, shelter, supervision or other necessities. If a parent or other caregiver leaves a small child unsupervised, the child may be come injured. Additionally, children who are purposefully not given proper food and shelter may be victims of physical neglect.
Educational neglect involves failing to give children proper education. Additionally, caregivers who purposefully fail to give a child the special needs education that he/she requires may be guilty of neglect. When a parent keeps a child from attending school or refuses to allow them to attend school, the child may suffer from educational neglect.
Emotional neglect is a form of abuse that involve failing to give a child the psychological support that he/she needs. For instance, a caregiver might commit emotional neglect by allowing the child to use alcohol or drugs or by failing to attend to the child’s emotional needs. Emotional neglect can be extremely serious and leave a child with lasting psychological damage.
Neglect and Federal Law
According to federal law, there is a minimum set of behaviors that qualify as child abuse. According to the Federal Child Abuse Prevention and Treatment Act (CAPTA) and the Keeping Children and Families Safe Act, child abuse and neglect involves failing to act as a caregiver so that a child suffers physical harm, emotional harm or sexual abuse. Additionally, a child may be the victim of neglect if his/her parent or caregiver passively puts the child in harm’s way.
Although different types of neglect are not always committed simultaneously, they may overlap. If you suspect that a child has been placed in imminent danger because of negligent caregiver, call 911 immediately. If you believe that your child’s caregiver has been negligent, call our office today and schedule a free case consultation. We are ready to stand up for the rights of your family in court. The sooner you contact us, the faster our Personal Injury Attorneys can help.