Can I sue my ex-partner for giving me an STD?

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Can I sue my ex-partner for giving me an STD?

I knew her for 6 months prior to dating and was told she had been tested that year. After a year of dating, she gave me an STD-herpes. I confronted her about it and she said she went to clinic the next day but never showed me the paperwork and is now denying it. This is something I have to live with for the rest of my life that I was never told and I’m sure won’t tell her future partner. Is there anything legally I can do?

Asked on July 28, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can sue your former partner for giving you a "std" after telling you that she was "disease" free before engaging in sexual intercourse. Theories of liability would be fraud, negligence, intentional infliction of emotional distress and damages would be medical treatment and emotional distress for your estimated life span.

You have the burden of proving your claims that she gave you the "std". It is best to consult and retain a personal injury lawyer if you intend to actually pursue her in a lawsuit. You will need to get her medical records to prove she had herpes before you ever met her and have a doctor opine that she transmitted this disease to you and not someone else.

Good luck.


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