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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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