Legal Question in Criminal Law in Florida
Hypothetical situation during a debate with a friend.
If a baby-sitter where watching a child. Noticed the child were i'll, took them to the doctor and got medication for them. The medication required two doses. One the baby-sitter administered. Then the parent got home. The baby-sitter and mother looked directly at each other and the baby sitter informed the mother of the situation. The mother did not exhibit a form of acknowledgement to the baby-sitter. The baby-sitter left, the mother did not give the medication, and the child died.
There is indisputable video proof that the mother and baby-sitter looked right at each other and the baby-sitter told the information towards the mother in a clear, articulate and informative fashion.
Who would be responsible for the baby's death?
1 Answer from Attorneys
Only if it were clear from the facts that if the medication was not given there was a great likelihood of death could the mother be charged with culpable negligence/manslaughter. You also have a scenerio for child neglect but will run into the same standard of knowledge of possible harm. Babysitter wouldn't be responsible.
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