The Rights of the Unvaccinated Child: Tort Liability

Shot of Prevention

This is the second post in a five-part series which addresses the legal rights of the unvaccinated child. 

This post is written by guest blogger Dorit Rubinstein Reiss who is a Professor of Law at the University of California Hastings College of  the Law in San Francisco, CA.  She  examines the social policies of vaccination in various articles, blogs and law journals and in this series, she elaborates on the legal mechanisms that are available to protect children against the risk of non-vaccination.  A detailed explanation of each post in the series appears at the conclusion of this article.

DoritBlogPost2ChildTorts

Can an Injured Child Sue a Parent Based on Their Choice Not to Vaccinate?

This post examines whether a child can sue her parents if the parents choose not to vaccinate the child and the child then suffers serious harm or death as a result of a vaccine preventable disease. In those cases, an argument can be made that it is appropriate that the parent, who…

View original post 2,013 more words

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