Can I sue in the state of ny if someone knew they had herpes and gave it to me?
April 30, 2014
I went for my regular blood test and the doctor called and told me I had herpes in my bloodstream... The man I have been seeing lives in NYC and I live in westchester.. I went through his medicine cabinet and found that he had a bottle of bottle of Veltrex which is used to treat herpes.. He is denying that he has anything.. Can I sue him for not telling me before hand in the state of ny?
Yes, you can. If he 'intentionally or recklessly' infected you, not only is it a crime, but in addition to the tort of 'assault and battery' New York recognizes a cause of action for bodily injury resulting from intentional or negligent communication of a venereal disease. You should make an appointment with a lawyer asap, to avoid any statute of limitations issues.
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