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#1
11-20-2004, 01:49 PM
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Legal advice over contracting an STDI am in New Jersey and work in New York, the incident happened in New York... Dear Sir/Madam I recently had a relationship with a person which ended in me contracting an incurable STD... While I take responsibility for not using proper protection while engaged in sexual acts with this person I have a question about legal standing on this... My partner at the time stated to me that they did not have any STDs and we were OK... (My mistake)... After one month of unprotected sexual activity with this person they broke down one day and told me that they did in fact have an STD and that they had had this for over 18yrs... This of course made me very concerned for my safety and health so I went through extensive blood tests and have now found that I have contracted the STD... I would like to know the law regarding knowingly spreading an STD to someone... Has there been another case like this?! And what are my legal options regarding suing them... Side note: I practice safe sex on a regular basis until a time comes that my partner and I have blood tests to confirm negative STD results... The case above came about after my partner told me they had blood tests recently and they were negative which was a lie. I had blood tests done previously too so knew at the start of the relationship that I was STD free... thanks in advance for your advice |
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#2
11-20-2004, 02:11 PM
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My response: Does this person have oodles of money? You may have causes of action for battery arising from contracting the sexually transmitted disease; a fraud/misrepresentation cause of action based on "fraudulent inducement to have sexual relations", etc. You may also have a cause of action for medical malpractice against his doctor IF you can prove that the doctor failed to advise his patient (your paramour) that he should always warn his partners about the disease. IAAL |
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#3
11-22-2004, 09:36 AM
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| They have their own business and the family has a lot of money... |
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#4
11-22-2004, 10:08 AM
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My response: I didn't ask about his family. I asked about him. His "family" has nothing to do with your damages. IAAL |
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#5
07-16-2008, 05:48 PM
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| Giving someone an STD or STI is a serious legal matter if it is a life threatening disease, especially if your parter knows he or she has it and does not inform you. Some STDs are considered not to be as fatal, but contractions such as HIV and hepatitis require the person infected to give names of all persons he or she had sexual contact with to prevent the disease. You could sue him or her or press charges if there is no money involved if they went to a doctor, knew they had a life threatening disease, and passed it on anyway. By law, medical providers need to contact ALL persons who were associated with the infected person sexually. What you should do: 1. Contact a local lawyer - a lot will listen to your case for free and let you know whether or not they think you have reason to sue or prosecute this person for harming you. (you can look on the internet, phone book, or ask relatives and friends for where to go for legal advice) 2. If the person thinks you have a case, he or she will find out things such as his doctor and whether or not the health care provider went about handling the disease and prevention lawfully. If they did then it will be assumed the responsibility of the person who passed the disease. Note that other infections such as low grade HPV, bacteria infections, Herpes, and other disease that are not as life threatening may not get as much attention because they are so common and usually do not trigger a high health risk. |
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#6
07-16-2008, 06:01 PM
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| This post is ANCIENT. Don't post in dead threads. |
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#7
07-16-2008, 06:01 PM
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| This post is nearly 4 years old...please do not necropost.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#8
10-15-2008, 01:29 AM
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 i dont thinkit is not the doctors responsibility to tell you to practice safe sex...they tell you that in school! it is not the doctors responsibility to tell you to to use common sense and courtesy...your mother and father taught you that! |
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#9
10-15-2008, 10:23 AM
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| This thread is like that STD - it just won't go away!
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#10
10-21-2008, 02:07 AM
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| Whatever happened to the whole IAAL lawsuit, etc.?
__________________ Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger. |
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