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Health Discussion Forum

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Health Forum    STDs

Brian B
Sueing from an STD.?
I know this sounds absurd but can you sue your sex partner for giving you an STD? Saying you had sex with them but they didn't tell you they had a STD. So .................
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May2
Rating
I know that if someone gives you HIV its considered attempted murder.. but I don't know about an STD.. probably so- you can sue anyone for anything these days.

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House
Rating
Hey, Brian - you can sue in those circumstances, but you'd have to prove intent to harm, meaning you'd have to prove your partner intended to purposely harm you by having sex with you. At best, it would be very difficult to prove, even harder if the sex was consensual. And your lawsuit wouldn't hold water if you had sex with your partner without using condoms. Your best bet is to get treated and get over it. Good luck.

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Sound The Stereo
if they knew they had the std and didnt tell you then yes, but if they didnt know then no

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PromoGirl
Rating
doubtful, but hey, if a woman sued McD's over how hot her coffee was, you never know, you may be able to get away with a "false representation" suite. Ask a lawyer.

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Di
ik u deff can if it was HIV/AIDS cuz its like attempted murder or something especially if they knew but idk if for all std's....but u should be able to thats messed up

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kay
Rating
that was on law and order... a man got charged for attempted murder and murder because he knew he was infected with aids and he deliberately tried to spread the virus so people can feel like him. i think you can cause that's serious!!!

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AJ
Rating
There have been some criminal cases won when a person knowingly and maliciously spread HIV, but as far as other STDs, I don't believe so. We all take our chances.

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John R
Sorry, you can't sue a dead person. You can sue their estate though.

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Edith Anne
I would assume that if you could prove that the other person knew they had an STD and did not inform you that they did and you could prove that this person is the one that gave it to you, then you would have a viable lawsuit. However, if you are having sex with someone and you hadn't asked, you would be making yourself vunerable to whatever and invalidate your suit.

As a defending judge, i would probably ask you to prove your claim - perhaps you gave it to your partner, or you got it from someone else and deny sleeping with them so you can sue, or find someone else that you might have gotten it from...

What would you ask for for damages? Is it curable? Incurable but not fatal? Fatal?

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Anama
Rating
yes you can, you sue in civil court for damages. Criminal charges can be filed if someone knowingly and maliciously infects someone with HIV. I
Mike Vick was successfully sued for infecting a woman with herpes, but I believe he settled out of court.
The civil case would be battery arising from contracting the sexually transmitted disease; a fraud/misrepresentation cause of action based on "fraudulent inducement to have sexual relations", etc. go here for more info:

http://forum.freeadvice.com/showthread.php?t=205060

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<3
Rating
Unfortunetly, in this country you can sue ANYONE for ANYTHING. If a women can get millions from McDonalds cause she burned HERSELF with a cup of coffee then I'm sure someone can get sued for giving an STD.

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Ankhesan amun
Aids is an STD, isn't it? People have sued for that...so I would say that it's possible. Not necessarily life-threatening so don't expect a big settlement, but a suit is possible.

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janiece
Rating
that sucks, the thing is it was your decision to have sex with them,. and that was stupid seeing they were or are a slut :)

and no you cant.

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Thyestian
If you can prove that they had knowledge that they had an STD (which is VERY hard to prove) and that they had unprotected sex with you, you very well might have a case. You could also possibly charge them with assault at your local police department.

But again, to prove they had prior knowledge and intent is very hard to prove.

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Stephanie
When are people going to be more responsible for their own actions?

First of all, STD's are almost as natural as sex these days.
If your not smart enough to protect yourself, you shouldn't be having sex AT ALL.

Secondly, not all STD's show up right away, it could be YEARS before symptoms appear, so how do you know the infection began the other way around? (your infected and passed the virus on to the other person)

See how strange this would look in court?

If your going to get angry, be mad at yourself!!!!!

WEAR PROTECTION!

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MR.taquito
in texas you can if you get aids..from your partner ..you can charge him for attempted murded

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Seth_V
Rating
Most likely, if they didn't tell you.

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Miami G
Rating
i know you can sue them for HIV< but not sure about others diseases especially if you got it and they told u they dind't have.
but u have to be the person to know how to use protection.

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steves95008
Rating
No. There is federal rulings based on this going a long way back. Pretty much entering into the act is an admittance of risk taking going all the way back to English Common Law. In the case of rape, you still can't since criminal prosecution takes president over civil acts.

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lovelyy
Rating
yes. for attempted murder.

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NihTmAr
If you asked them and they lied, maybe. If you didn't ask them, no.

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Johnny
Rating
no not really, sorry

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Tina C
Rating
people are sueing for everything now. Be hard proving he/she was aware of the std and that the pass on wasn't accidental.

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rig
no you cant do that sueing just for that LOL
for std they got meds that can cure it ,
aids has he been tested for that chances
are if stds
that person he was with was a hooker
he could have anything ..........he needs a full test and her too
to see what else he may get later from being with her

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mrb1017
Only if it's AIDS and in some states herpes, both of which aren't curable...However, it's hard to prove the case. If your partner has AIDS and they knew and didn't tell you, then they will go to jail....it's illegal for them not to tell you.

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Pagan Princess
Rating
Probably not. It is your responsibility to use protection to protect yourself.

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WonderingWhy
You'd have a tough time proving it. You'd also have to prove they KNEW about it and intended to harm you on purpose.

I wouldnt go through that much trouble... you also took part in having unprotected sex, so deal with the consequences.

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Smalls
Rating
If they knew and didn't tell I believe you can.

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suspendedagain300
Possibly, I believe that you would have to prove that they had prior knowledge of their STD and they acted negligently when they transmitted it to you. Was protection used? You would also have to prove that you contracted the STD form that person specifically, did you have any other partners at the time that may have given the STD?

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Pet My Lampshade
no, its your responsibility to find that out before doing any sexual activity with them

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Amirra
Rating
As long as you can proove that you contracted the STD from that person - which is almost impossible. You also need to proove that this person knew that he/she had this STD and wanted to harm you with it. Another hard one.
Just don't waste your time.

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