Liability for Failure to Vaccinate

Art Caplan:

"I think there should be a right to decide not to vaccinate your child.  But, we have been far too lenient in putting up with the consequences of that lousy choice.  If your kid gets the measles, and remember public health officials are getting very very good at tracing outbreaks to their source, and makes my kid sick (can happen since vaccine is not 100% effective), my newborn baby die (newborns can’t benefit from vaccines) or my wife miscarry (fetuses are at especially high risk), then shouldn’t I be able to sue you for the harm you have done?

Some will say that the law in NY and other states allows refusal and that protects against liability.  Maybe.

If you know the dangers of measles or for that matter whooping cough or mumps, and you still choose to put others at risk should you be exempt from the consequences of that choice?  I can choose to drink but if I run you over it is my responsibility.  I can choose not to shovel the snow from my walk but if you fall I pay.  Why should failing to vaccinate your children or yourself be any different?"

via blogs.law.harvard.edu