Can I sue in the state of ny if someone knew they had herpes and gave it to me?

April 30, 2014

Question

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?

Answer

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.


Contact us today if you need help with a similar matter.

Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.

See All Questions & Answers