Can I sue my ex-boyfriend for knowingly exposing me to herpes?

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Can I sue my ex-boyfriend for knowingly exposing me to herpes?

I found a prescription belonging to him for Valtrex hidden in his drawer. When I confronted him with it,he became defensive and explained that it was for an infection but refused to get tested to confirm that it wasn’t for HSV2. He later told me via text that it was for chicken pox. He also told our mutual

friend that it was for HSV1 from more than a decade ago. However, the prescription was a recent annual one with 4 refills for outbreaks. He has continued to deny it, and I have not tested positive however, my doctor says that it can lie dormant in women for years before an outbreak/positive test. I am furious and an emotional wreck at the mere thought of being exposed.

Asked on September 2, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he knew (as he evidently did) that he had herpes and did not warn you, then IF you get herpes, you can sue him; failing to warn you would be considered negligent, or unreasonably careless. But the legal system does not provide compensation for what *could* happen--only for what does. So you can't sue for being exposed; you can only sue if the disease developes. Hopefully, you will therefore have no grounds to sue.


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