With all the discussion over immunisation that is currently on the Australian agenda and the announcement that the Federal Government is considering putting forth a law to exclude certain parental benefits from those parents that don’t immunise their children. I was wondering about the legal implications of a vaccinated child contracting a communicable disease from a child who is not vaccinated.
If a parent, knowing their child isn’t vaccinated lets their child participate in an event where there is, or likely to be, children under the age of vaccination protection. For example an un-vaccinated child attends a birthday party that, say a 6 year old has, and that 6 year old, has their 4 month old sibling there too.
What are the legal ramifications if the 4 month old contracts Measles for instance, and it could be proven that the un-vaccinated child is carrying that active disease. The baby gets seriously ill and is hospitalised with the attendant expenses; is the un-vaccinated child’s parent/s liable for said expenses; can they be sued?
For it is an offence to knowingly or recklessly infect another person with an infectious disease. So, where does the law stand on this?
Law suits have been filed when medical practitioners have passed on communicable diseases; they may be covered by their medical indemnity insurance. Where does an ordinary person stand if sued; I doubt their home public liability insurance would cover it.