What are my legal rights ifa partner gave me an incurable STD?

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What are my legal rights ifa partner gave me an incurable STD?

I contracted genital herpes and HPV from a partner who says he was unaware he had any STD’s. Prior to having sex with him I was tested for and didn’t have any. The form of HPV has caused me to have a leep procedure because it caused dysplasia (cervical cancer). I did not file a suit at the time I contracted the STD’s because he took it upon himself to pay for some of the medicine and medical costs. I contracted gential herpes in 01/08 and was diagnosed and treated for HPV in mid-09. I continue to be treated because it a life threatening form of cancer.

Asked on August 9, 2010 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is sometimes possible to recover compensation from someone who gave you a STD, but to do so requires at least the following two circumstances:

1) The other person must have been aware of the STD--or at least, should have known (i.e must have been essentially willfully blind to not know)--that he or she had an STD. Otherwise, if the person did not know of  the disease or the risk of passing it on, he or she did nothing wrong and was not at fault.

2) The person with the STD must not have disclosed it to the partner--because if that person did, and the partner still had sex, the partner assumed the risk of infection.

If you think that, given the above, you may have a case, you should consult with attorney. If you have a case, you could potentially recover medical costs and pain and suffering. Good luck.


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