Filing a Civil suit against a party for life long STD Transmission

I would like some information on a course of action to file a civil suit against a woman who gave me a life long STD who I believe knew about her having it, and not informing me of it. Also if medical records can be subpoenaed to show she knew she had it before giving it to me. Thank you

Asked on March 4, 2017 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If you believe she knew and deliberately did not tell you, then you can sue her for that--the liability would be based on her negligent (unreasonably careless) or intentional (deliberate) actions in exposing you to the disease. Her knoweledge is a crucial factor: if she did not know at the time of your relationship, she would not be liable. To file the lawsuit, you simply draft a summons and complaint, file them in court, and serve them (according to court rules) on her. You should be able to get instructions and possibly sample or template forms from the court, either online or in person, though you may wish to retain an attorney to help you.
2) You can subpoena her medical records *after* you file a lawsuit, since they are relevant to the case. But you can't do it before filing the lawsuit: a subpoena must be filed and served in the context of a lawsuit, with the case caption and docket (case) number).


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