Family Law Questions? Ask a Family Lawyer Online.
Yes, you may. First, the act of transmitting the STD would be criminal in nature if he did so knowing that he was infected. (Alabama Statutes Section 22-11A-21(c)). That is a class C misdemeanor, and you can have him prosecuted for it.
Secondly, you can file a civil lawsuit against him so that he must compensate you for your medical costs and compensation for pain and suffering. The theories of liability would be based on battery, negligence, and/or intentional infliction of emotional distress. You can contact a local attorney if you would like to pursue him civilly.
Please let me know if you have any follow up questions.
He said that he didn't know he had it. He said he went to his doctor and the doctor told him it was skin tags. But he told a good friend that the lady he dated had it and told him and he thinks she gave it to him. And he lied to me and said he didn't know he had it and maybe his ex wife gave it to him. And when I went to the doctor 2wks after sex with him she knew right away what it was and then he went to her and that confirmed it!! Do I still have a case? Can they pull his doctor records from years ago from the doctor that he went to and told him wrong?? The lady he dated told him she had it and so he knew he was exposed and he even told his friend that he thought he gave him something.
He would really have to know or have reasonable suspicion that he had an STD for it to be actionable. If a doctor told him he did not have it, that would be a pretty solid defense to any claim.
No, his testimony would generally not be enough regarding medical evidence. The doctor would need to testify or medical records introduced into evidence.
To prosecute this type of case, you would need an attorney that practices civil litigation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).