This guest post was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law in San Francisco, CA. In this post Dr. Reiss responds to questions we have received regarding who is liable when harm occurs as a result of a parent’s decision not to vaccinate – a decision often based on misinformation from a third party.
Imagine the following situations:
In the midst of a measles outbreak a doctor who encourages selective vaccination, or vaccine rejection, sends a letter to his patients suggesting that there is no need for concern. The letter states that there has not been a measles death in the United States for over ten years. It goes on to say that the risk of contracting measles is small and makes the claim that measles does not pose a risk to healthy children. The…
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