1) If a doctor fails to diagnose your sexually transmitted disease (STD), can you sue?
Maybe, but in Colorado, according to Colorado lawyer Jacob Eisenstein, there are at least two problems you’d have to overcome:
– It’s not enough that the doctor failed to diagnose the STD. You’d have to prove that the doctor’s diagnosis (or lack of diagnosis) fell below the accepted standard of care. In other words, doctors aren’t necessarily liable just because they fail to diagnose something. You have to prove that another doctor, following the standard of care, would have found it. If there is something particularly difficult about diagnosing the STD, your doctor could be off the hook.
– You’d have to prove your damages. Merely being angry or having a few inexpensive medical bills probably doesn’t warrant filing a lawsuit. The problem is that medical malpractice lawsuits are extremely expensive, particularly because you’ll have to hire experts–usually other doctors who charge very high rates for their time–to argue that your doctor’s misdiagnosis fell below the standard of care. Unless you’ve got serious damages from, for example, lost wages, severe emotional trauma, etc., it may not make sense to bring a lawsuit.
2) If a medical provider tells you that you are HIV positive, but then 20 minutes later says it was a mistake, can you sue?
California attorney David Garner says that having 20 minutes of anxiety over a false test result is probably not enough for a lawsuit. Mistakes happen all the time, and being stressed out or upset for 20 minutes is probably not enough to sue over.
3) Can you sue someone who knowingly transmits genital warts to you?
Yes, in New York. As attorney Michael Joseph explains, even if your damages aren’t high, the emotional trauma and humiliation entitles you to compensation. The law says that a person has a duty to warn about an STD because it assumes you wouldn’t have sex if you knew about it (which may or may not be true). So a person not warning you and transmitting an STD is guilty of battery.
In Massachusetts, attorney Joseph Chancellor says that a person might also be sued for intentional infliction of emotional distress if the person knowingly lies about not having an STD.
But remember: even if you sue and win, the person you’re suing has to have money to pay you; if they don’t, you’re out of luck unless there’s a homeowner’s insurance policy you can tap. Also keep in mind that lawsuits are public record, so if you sue, your STD will be part of that record as well.
In Tennesee, attorney Joseph DeGaetano says you can sue if someone gives you an STD, but you’ll have to pass a three-part test:
1) You could not have known, or have had reason to know, that the person had an STD.
2) The person who gave you the STD knew, or should have known, they had an STD.
3) You have to prove you didn’t get the STD from somewhere else, which means you’ll be discussing your entire sexual history in court.
4) If your spouse cheats on you and gives you an STD, is that a crime?
It could be in Texas. Attorney Edgardo Baez explains that in Texas there are two different forms of assault, one of which, called “offensive contact” doesn’t require injury. Transmitting an STD to you could be considered offensive contact and therefore assault, even if you weren’t injured.
In California, attorney Erik Swanson points out that CA law says “any person afflicted with any contagious, infectious, or communicable disease who willfully exposes him/herself to another person is guilty of a misdemeanor.”
5) If someone gives you an STD, and then you warn other people about the person with the STD, can they sue you for slander?
No in California. Attorney Jonathan Levy says that if you warn other people of the person’s STD, and it’s true, then there is no slander.
6) Can a doctor’s office tells someone about your STD without your permission?
No. Attorneys Shawn Alexander and Steven Weisbrot think this is likely a violation of HIPPA law, which has rules about doctor-patient confidentiality.
7) Can a US citizen marry a foreign citizen with HIV and bring him/her to the US?
Attorney Michael Hendrickson says that, because of advances in HIV treatment, HIV may no longer bar a person from immigrating to the US.
8) If a permanent resident in the US contracts HIV can they lose their immigration status because of it?
Attorney Craig Kennedy says that having HIV is technically a cause for excluding an alien from entering the US, but it’s “highly questionable” that this is a condition that would cause a permanent resident to be removed.
9) Is it a crime to knowingly spread HIV?
Colorado lawyer Jeremy Rosenthal says that in most states, knowingly spreading HIV is a felony crime.
10) Is it criminal to be a woman with HIV and knowingly have children when they will possibly contract the virus?
Several attorneys in different states say that an HIV positive woman having babies is not a crime.
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14 comments
kristina
Can a person sue another for NOT telling them that they are HIV positive? Even with protected sex?
Danielle Post
Hi Kristina, It sounds like you have some legal questions that would be best answered by an attorney in our free Q&A forum. Attorneys do not provide advice through our blog, but they do in the forum, usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. Avvo also offers a wealth of legal information in our Knowledge Base here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
Mb
I have been married 10 years- my husband cheated on my and the girl had chlymadia. He found out that he got it from her and gave it to me. This was 2 years ago. I ended up having it for 3 months and it damaged Me. I almost ended up having to see an infectious disease dr Bc I couldn't get rid of it. Still to this day I have PID and have had to take numerous antibiotics to control it and have pelvic scarring bc of it. Can I sue him or her?
Danielle Post
Hi Mb, I'm so sorry to hear about your situation. It sounds like you have several legal questions that would be best answered by an attorney in our free Q&A forum. Attorneys do not provide advice through our blog, but they do in the forum, usually within 12 hours. All questions are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. Avvo also offers a wealth of legal information in our Knowledge Base here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
Anna T.
Hi, I was curious if I would have a strong case for Malpractice against my previous doctor at a different clinic.
Danielle Post
Hi Anna, I want to let you know that I've removed the personal information in your comment for your privacy. I'm so sorry to hear about your situation -- that's very upsetting. It sounds like you have several legal questions that would be best answered by an attorney in our free Q&A forum. Attorneys do not provide advice through our blog (which is why I've removed the info in your comment), but they do in the forum, usually within the first day or two of posting. All questions are posted anonymously and are open to answers for seven days. You can post your questions here when you're ready: http://www.avvo.com/ask-a-lawyer. Avvo also offers a wealth of legal information in our Knowledge Base here: http://www.avvo.com/free-legal-advice. I hope this is helpful! Kindly, Danielle
anony
ok so ive been having problems with doctors for about four years now, my problem is frequent urination painful urination and all that good stuff.. and i had just found out from my gf that i had chlamydia because her gyno ran a swab test.. now my question is can i sue my doctors for overlooking something like that for this long of a time im a 19 year old and ive been prescribed many things to help me get thru the stress and pain that this has brought me over the years, ive had every test that you could think of done... some very painful experiences my parents spent tons of money that they didnt have for me to see specialists all over and all they could tell me is that my bladder is irritated and that its nothing? ive had to see therapists and phychologists because of this problem ive had since high school.. please reply
Gillian Amas
We are sorry to hear about your situation. It sounds like you have a question for an attorney and I would suggest posting it to Avvo's Q&A forum here: http://www.avvo.com/ask-a-lawyer. Attorneys do not answer questions through our blog, but they will when posted in the forum.
Regards,
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wherecondom
What state my ex is trying to sue me for slander I just want people to know he gave me herpies
wherecondom
I wish I could sue this person that gave me herpies but its my responsibilty to make him use a condom and I didn't I knew he was a bad person I'm just thankful to the lord he didn't give me hiv he will expose many other women he sleeps with tdancers hotel people anyone
MsFreeSpeech
I'm being sued for internet libel by an ex. The problem for him, is that it's all true. If you'd like to follow the case or use it as an example of modern internet libel rulings, I think you'll find it highly entertaining. Also of interest, the Plaintiff who's trying to squash my free speech, isn't even an American citizen. I'll subscribe so you can contact me via email if you're interested. The preliminary hearing is in late July.
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Lady LT
Can you sue someone in PA for spreading hiv to you and if so where could I find an attorney to do so and what process is taken in that time? Thanks