What constitutes criminal neglect?

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What constitutes criminal neglect?

I am 15 and have a medical problem. Is there anyway that I can take legal action against my guardian if I sustain physical damage as a result of them refusing to get me medical help? O am not trying to cause trouble but I feel as if I threaten legal action they might take me to the doctor. Is there anything i can do?

Asked on February 13, 2011 under Criminal Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are various degrees of negligence.  It would depend on the facts of a particular case whether it is ordinary negligence, gross negligence or criminal negligence. 

If you are injured due to your guardian refusing to call for medical assistance, you would have a claim for negligence against the guardian whether that is characterized as ordinary negligence, gross negligence or criminal negligence would again depend on the facts of the case.  In addition to a civil case (lawsuit), if it rises to the level of criminal negligence, the district attorney could file criminal charges against your guardian for child endangerment.

You may want to contact Child Protective Services if you feel that you are in danger of injury due to your guardian's refusal to obtain medical treatment.

Since you are under 18, you would not be able to file a lawsuit yourself.  You would need to have a different guardian file a lawsuit on your behalf against your present guardian.  You could have  any adult appointed as guardian ad litem to sue your present guardian.  A guardian ad litem would be able to file a lawsuit for you.


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