Liability for Exercising Exemptions

iVillage Member
Registered: 10-18-2007
Liability for Exercising Exemptions
2
Thu, 01-29-2009 - 4:03pm

CHOICES SHOULD HAVE CONSEQUENCES:
FAILURE TO VACCINATE, HARM TO OTHERS,
AND CIVIL LIABILITY
Douglas S. Diekema* †

Introduction
A parent’s decision not to vaccinate a child may place others at risk if
the child becomes infected and exposes others to the disease. Should an
individual harmed by an infection transmitted from a child whose parents
chose to forgo vaccination have a negligence claim against those parents?
While I do not hold a legal degree and therefore cannot speak directly to
issues of law, as a physician and ethicist it seems to me that the basic
elements that comprise negligence claims—harm, duty, breach of duty, and
causation—are met in some cases where parents forgo vaccination.

Highly suggest reading the entire document. Thoughts?

iVillage Member
Registered: 01-02-2009
Thu, 01-29-2009 - 8:12pm

I'll try to get around to reading the entire thing in the next few days. I'm a bit overextended.

But, just off the top of my head, generally there are many illnesses where it is possible to avoid spreading the bug: for example via handwashing, staying home, practicing basic sanitary stuff (wiping off the telephone receiver after using it) and so forth. Many of these practices have a better track record than vaccination: quarantine has been used effectively for hundreds of years to contain the spread of disease.

So the idea that people are relieved of all consequences for spreading any and all illnesses in the community if they vaccinate is just as absurd as assuming that any and all vaccine related illnesses are being spread by the unvaxed. It certainly doesn't apply, for example, to whooping cough, which can be spread by the vaccinated, or chickenpox, which can actually be shed by the vaccinated.

People are constantly hauling their sick kids out in public and exposing other people's children to illness. Is this responsible behavior?

http://insidevaccines.com/wordpress
iVillage Member
Registered: 12-14-2005
Fri, 01-30-2009 - 10:36am

"People are constantly hauling their sick kids out in public and exposing other people's children to illness. Is this responsible behavior?"

And the people that come into work sick because there is incentive not to use sick days and make their co-workers sick who in turn can make children sick. Are adults and their employers also going to be liable.

RIDICULOUS! :)