SAUGUS – Eric Fraser, the 38-year-old father of a boy whose death sparked legal action over withheld medical care, remains in serious condition following a Malden motorcycle accident Sunday.A 37-year-old Peabody man not identified by Malden Police was killed in the accident near 625 Highland Ave. at 10:22 p.m. Sunday.Fraser, 3 Evans St., is in Massachusetts General Hospital’s surgical intensive care unit. Police offered few details on the accident except to say it occurred along a curving stretch of Highland while the men were riding motorcycles.Fraser is the father of Jeremy Fraser, the 9-year-old autistic boy who died after his mother allegedly withheld his cancer medication.At the time, Fraser said the justice system and Department of Social services failed Jeremy, who went went into remission with an 85 to 90 percent survival rate before Kristin LaBrie, his ex-wife, allegedly stopped treating the boy’s non-Hodgkin’s lymphoma.Fraser accused LaBrie of failing to give the boy the medications doctors prescribed to keep his cancer in remission, failing to bring him to at least a dozen medical appointments and failing to protect him from injury. Fraser said her actions resulted in doctors discovering that the boy’s cancer had returned as leukemia and was untreatable with chemotherapy. The boy died in March after a three-year battle.In an interview in July 2008, Fraser said LaBrie’s polite demeanor works to her advantage since most people didn’t suspect she was neglecting her terminally ill son.”I want to let people know what this woman is actually all about. She dresses well, she’s played victim,” Fraser said. “She’s a sociopath.””I just want justice to be done. That’s all.”LaBrie, 37, of 15 Cleveland Road, Salem, is currently awaiting trial for attempted murder, child endangerment, permitting substantial bodily injury to a child and permitting substantial bodily injury to a disabled person. She has pleaded innocent to the charges and faces up to 40 years in prison if convicted on the charges. She remains free on $15,000 cash bail pending the outcome of her trial.Her defense lawyer seems to be exploring a possible insanity defense. Her next scheduled court appearance is scheduled for Dec. 15.