Sue Someone for Spreading an STD?

Q: I am writing you because I am embarrassed to turn elsewhere and need some legal advice.  About two months ago I had a casual fling with a woman which she ended abruptly. I naively assumed sex with her was safe. After my last medical checkup I discovered I have an STD and after talking to several of my buddies I am certain this woman was the source. I want to take action to prevent her from doing this to someone else and am wondering what my options are in term of legal recourse.

With the increased prevalence of STDs, lawsuits related to wrongful transmission or infection of STDs are on the rise.   Many jurisdictions have laws on the books setting forth the right to sue for wrongful transmission  though the proofs in these cases and the damages available can be difficult to establish.   While a plaintiff in a civil case, and a prosecutor in a criminal case, must prove that the defendant had the STD and that he/she knowingly transmitted it to the unknowing partner or victim, the plaintiff must also prove that the infection was actually caused by the defendant (i.e. not some other sexual partner).   Further, damages available depend on the permanency of the harm visited upon the plaintiff.   Syphillis may be amenable to treatment while HPV, genital herpes and HIV have more permanent or dire consequences.

Money damages for lifelong medical care and treatment may be available, but may also be difficult to quantify.   Certainly outrage, vindication and revenge can be motivating factors in pursuing a lawsuit, but knowing the extent of potential damages recovery and the prospects of success in such litigation, along with the emotional trauma that may accompany pursuit of legal recourse, should all be considered prior to proceeding.

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DISCLAIMER: This publication is distributed with the understanding that it does not constitute legal advice or establish an attorney/client relationship by way of any information contained herein. The information provided is for general purposes only, as readers are advised to consult with a qualified lawyer regarding the specifics of their particular circumstances.

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