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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90995
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hey, I live in Sri Lanka and I think it is a part of the common

Customer Question

Hey, I live in Sri Lanka and I think it is a part of the common law system as well as some other systems.

My concern is as follows.
About a year ago me and my ex girlfriend had a mild sexual foreplay. We had been in a relationship for over 3 years and this was normal and was with the consent of both me and her and has happened many times, how ever there was not penetration of her vagina with my penis was involved.

How ever in the last incident this happened, we were worried about an unwanted pregnancy. She did not know too much about any emergency contraceptative methods. So I suggested to her to go and see a doctor, but she was not willing to do so since she did not have any way to meet me or go out of the house.

I wanted to act soon to avoid an unwanted pregnancy so I went to a doctor alone the next morning. I spoke to the doctor and made my ex girlfriend speak to this doctor over my mobile phone and this doctor told her to take such a pill named Postinor 2. I do not know if the doctor explained any consequences of this pill. However he told me that to give this pill to my girlfriend within 72 hours and gave me a prescription. I do not know if the prescription he gave me had my or my ex girlfriend's name in it or whether it was my name written on it. How ever Postinor 2 is a pill which can be obtained without a prescription over a pharmacy here in Sri Lanka.

A day passed and I gave her a chance on what she wants to do about the pill and I told her that the doctor told me that it has no long term effects and I told her that I had checked it up with some other doctors too, how ever i told her that she should take the pill. She took the medicine the next day out of her own will.

I thnk she is quite normal and I have asked several gynaechologists and they indicate that this pill does not cause any long term harm whatsoever. How ever since my ex girlfrind is not in good terms with me now, I am worried whether she can have a claim against me if she does not get pregnant in the future or something else happens stating that the pill I gave her a year ago is causing that.

So my worry was that I do not have any evidence to show that she spoke to this same doctor over the phone i got the medicine from which she might deny. I am not willing to state that I never gave her the medicine since it is not concionable and she might have a message or something I had sent her.

So will I be liable by some chances if she ever wants to claim anything?. Do i owe a duty of care?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
No, you have actually met every duty of care you could possibly have. The law only requires a person in a relationship such as yours to exercise reasonable care and that is exactly what you did. You did not force her to take the pill, you presented the pill to her and told her the doctor prescribed it to take, which is the truth. It was her duty to look up any side effects if she wanted to know them as you are not a pharmacist or doctor so you cannot be expected to know them. Thus, she would not have any claims against you that she could bring based on this.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90995
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you for your answer, I believe the answer you gave me was in regard to Criminal law. Could i be liable in regard to any other branches of law, how about Negligence in TORT or Consumer Protection laws or anything else. Is there any liability on my part?
Expert:  Law Educator, Esq. replied 4 years ago.
I was discussing both criminal law and tort/negligence as well. You only owed an ordinary duty of care the fact the doctor said they were safe to take, you told her that, she chose to take the pill on her own and you did not force it down her throat and hence you would not have civil liability either.
Customer: replied 4 years ago.
just one more thing i like to add up which happend. When i spoke to the first doctor (which my ex girlfriend spoke over the phone) he did not tell me how the pill should be taken, however he told me that there were 2 pills to be taken.

So when I bought the pill (which came in 1 box, and the dosage was 2 pills to be taken, the leaflet said 1st pill within 72 hours of the intercourse and the other to be taken 12 hours after the 1st pill). I took the box I bought to a second doctor and asked him for advise on taking the 2 pills (this doctor did not speak to my ex girlfriend). The 2nd doctor advised me not to leave 12 hour gap between the 2 pills since we were nearing the 72 hour deadline and to take both pills at once to increase efficiency of the pill.

So when I gave her the pill, there were 2 medical advises running in my mind, the 1st one being from the leaflet which was to take the 1st pill within 72 hours after intercourse and the 2nd pill within 12 hours and what the 2nd doctor told me to take both pills together and he told me that by not following the instructions in the leaflet and to take both pills together will not cause any long term harm but may cause some nausea in the short term.

So i told my exgirlfriend to take the 1st pill soon and to take the 2nd pill in 6 hours, so it will be balanced to the leaflet's advise to take within 12 hours and the 2nd doctor's advise to take both pills together. I also gave her the box which the pills came in and the leaflet along with all the instructions in it and I asked her to read it before she takes any pill. This leaflet had all information about dosage instructions which i mentioned earlier. This was a measure that I took to balance the 2 medical advise that I got. Does this mean by me deciding to balance both the medical advises I had will impose any liability on me if she has any effects which i mentioned earlier?. How ever the medical advise i got now is that the pill can be taken either at 12 hours apart or together, but no long term consequences are mentioned
Expert:  Law Educator, Esq. replied 4 years ago.
You are stressing and worrying too much over this. No, you would not be civilly liable for this. You exercised reasonable care and AGAIN, you are not a doctor and she was a responsible adult who could have and should have read it for herself. This is not your liability, period.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90995
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you for your answer. is it the same like civil law that I incurr no liability in any other branches of law either for deciding on what time she should take the 2nd pill while having 2 different medical advises which were different from each other
Expert:  Law Educator, Esq. replied 4 years ago.
You have already asked me that, the answers I am providing are for both civil and criminal law. You will incur no liability, you are not a professional with special training to know better you are an ordinary citizen so you have no heightened duty of care. She is a responsible person who could have read the box and was responsible to have read the box herself. NO you have no liability here under any branch of the law.
Customer: replied 4 years ago.
just one thing i wantd 2 state. When this incident happened, i was worried, but she was not worried stating that there was no chance of pregnancy since we had only made out and not had sex. However, i was unsure and went to a doctor. I told her that the doctor said that there was a chance of pregnancy. She denied it 4 almost a day even after speaking to the doctor over the phone, i do not think that the doctor said anything to her about the chances of pregnancy over the phone but told her only that the pill was safe since he was busy to talk too much & my ex gf failed to inquire. However i told her that the doctor told me that there was a considerable chance of pregnancy & thats why he prescribed the medicine which she denied in the begining even after speaking to the doctor but accepted it later just before taking the pill. However i was firm in stating that the doctor said that there is a chance of pregnancy & was firm in saying that she should take the pill which she rejected eventually accepted before taking the pill herself & ofcourse i dint force it down her throat. Does this mean i forced her to take the pill. Does this change your answer, do i incur anyliability in any branch of law
Expert:  Law Educator, Esq. replied 4 years ago.
No, my answer is still the same, you have no liability.
Customer: replied 4 years ago.
i did insist in her taking the pill since i thought that she was wrong and ill knowledgable in denying the chances of pregnancy which the doctor told me. I was very firm but never threatned her. I called her many times but were open to her thoughts & she eventually accepted. Does this mean i forced her to take the pill in law giving me any liabilities?
Expert:  Law Educator, Esq. replied 4 years ago.
NO, again, she took the pill on her own, you merely asked her to do so and you are still not liable either criminally or civilly.

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