Question

2. In February 2020, Dr. Sarah Smiley (a dentist) celebrated her 20th wedding anniversary by going on a romantic vacation in Italy. Dr. Smiley operates her practice through a professional corporation, Smiley Dental Professional Corporation. In February knowledge as to how Covid-19 virus transmitted was very limited and the government did not require travelers to self-isolate. On February 14, 2020, three members of the Zhao family had sequential appointments with Dr. Smiley. Two members of the family met with Dr. Smiley. The other family member met only with the dental hygienist. About ten days after the dental appointment all members of the Zhao family tested positive for Covid-19. Mr. Zhao, the eldest family member, died about ten days later. Mr. Zhao had for his entire life suffered from a bad case of asthma. Dr. Smiley tested positive for Covid-19 at around this time but never became ill. The Zhao family feel that their situation was directly caused by Dr. Smiley and would like to sue for what they feel is a form of wrongful death. They request you, Jamie, to explain what the nature of the claim against the dentist is and what they would have to prove. They ask what you anticipate would be the problem they may face as plaintiffs (e.g. legal elements that may be difficult to prove). They also ask if the fact that Dr. Smiley operates through a professional corporation means that she has no personal liability. Please explain.

Answer 1

Nature of claim against Dr. Smiely : Zhao family file a complaint against Dr. Sarah Smiley, They argued that, Dr. Smiely delibarately trasmitted COVID-19 to three member of the Zhao family, after ten days the eldest family member Mr.Zhao died .

What they would have to prove

• Mr.Zhao and family has to prove that they effected corona only after meeting Dr.Smiley
• Mr.Zhao family also prove that how Dr. Smiley deliberately spreaded corona to their family
• Mr.Zhoa family also prove that they don't have any Covid symptoms before meeting Dr.Smiley
• Mr.Zhoa family should prove with medical records that Mr.Zhoa died only because of Covid-19

Problem may faced by Plaintiff

There are number of problems Plaantiff may going to face in proving that Dr. Smiley knowingly spreaded coronavirus to Mr.Zhoa family. The problems are;

1. It is very difficult for Mr.Zhoa family to prove that Dr.Smiley has Corona while meeting them: But they can say that In february 2020, Dr. Smiely clebrate her 20th wedding anniversary in Italy. Dr. Smiely purposefully hide she has been COVID -19 positive and also Dr. continue her medical practice. That's why Mr. Zhao and family affect COVID -19 and Mr. Zhao lost his life.
2. It is very much difficult that Dr.Smiley knowingly spreaded corona to them: They can substantiate with that as a doctor she might be aware about home isolation after visiting italy. but she does not followed that practice.
3. The major area were Mr.Zhoa family going fail will be that, Zhoa died because of corona. because He already having some serious diseases.   

Dr. Smiley has no peronal liability

Since she is working under Smiley dental professional corporation, she does not have any personal liability with the death of Mt.Zhoa. She is not deliberately spreaded coronavirus, even she become corona positive only after meeting them. Thus she is not held responsible for " knowingly spreading" corona to Mr.Zhoa.