Originally Posted by carriebft
Like I said, the burden of proof would be whatever is set by the court. Very rarely are court cases like this cut and dry (ie, a video tape!)..and if they are that obvious, they rarely make it to the courtroom I would think.
But, how would you
define the burden of proof? I can easily see it being, "Yes my child got chicken pox and the unvaxed kid down the street had chicken pox at about the same time, so my child must have caught it from him/her." And then there is the whole, not every person who is a carrier is showing outward signs of the disease. Like I said, it would be easier to prove getting a sexually transmitted disease from someone than it would be to prove any other disease (whooping cough, mumps, measles, rubella, chicken pox, etc).
|I could see the same situation I have talked about with the doctor's office being an area of liability for those who vaccinate as well. In our local hospital system and our doc office that works out of there, there are rules concerning "recently vaccinated" people and visitation and use of certain waiting rooms; you are asked to speak with the desk if you have been around someone with a contagious disease on the list, recently vaccinated with something on the list, etc.
And then what about the kids who go in for a check-up, have been unknowingly exposed, are in the most contagious stage (before any symptoms appear) and spread it around the office unknowingly? Your doctor's office scenario works fine if the parent knows
that their child was exposed/etc. But, there are a lot of times where parents do not know and have no clue where their kid picked up the disease. Would the doctor be held liable there?
This is a very slippery slope and it would just make an already overburdened litigious society even more so. Germs, viruses and bacteria are uncontrollable. You cannot control where they go or who they visit. If you choose to vaccinate your children against the risk, that's fine...but to hold other parents "liable" is opening up a can of worms that once open, I think many would regret.