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Liability for Transmitting Covid-19

In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss both historical and modern precedent that helps answer the current issue during the COVID-19 pandemic as to whether people who infect others by engaging in negligent conduct may be held liable for the damage they cause.

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Thomas A. Moore and Matthew Gaier Thomas A. Moore and Matthew Gaier

Over the past year, the Covid-19 pandemic has dramatically affected all our lives. The potential dangers to individuals from contracting the virus are extreme—it can be fatal or result in severe long-term injuries. The damage to society from the spread of the virus has been devastating, and its recent mutations are even more contagious. Physicians and scientists determined relatively early on that wearing masks and social distancing are crucial to containing the virus, limiting the number of people infected, and protecting the health and well-being of individuals. The wearing of masks has been said to be more important for protecting others than for protecting the mask wearer.

Despite this, large numbers of people in this country have chosen to reject medical science and refuse to abide by the recommended (and in many places mandatory) practice. This irresponsible conduct has led to countless people being needlessly infected and, invariably, to avoidable fatalities.

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