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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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I am a 53 year old single female I have been dating this man

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I am a 53 year old single female I have been dating this man for 6 years and just got engaged this past Dec. He has decided we aren't compatible and I am devastated because of the love I have for him and also because he gave me this STV the first year and didn't tell me that he had it. I need help this is weighing heavy on my mind and I can't function. He promised he would be there for me.
Submitted: 3 years ago.
Category: Family Law
Expert:  Lady Themis replied 3 years ago.
I'm sorry for your circumstances. So I understand, what is your legal question exactly?
Customer: replied 3 years ago.
Do I have any legal case to file against him for what he has done to me??
Expert:  Lady Themis replied 3 years ago.

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.

 

Customer: replied 3 years ago.

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.

Expert:  Lady Themis replied 3 years ago.

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.

 

 

Customer: replied 3 years ago.
You mean to tell me that he wouldn't have to have his doctors results confirming this?
Expert:  Lady Themis replied 3 years ago.
I'm sorry, confirming what?
Customer: replied 3 years ago.
He said that he went to his doctor years ago and the doctor told him it was skin tags...he knew he was exposed to this STV I am not sure now if he even went to that doctor to get check. It is postive that he does and did have it now!! And gave it to me. He even told his friend that this woman gave him something!
Expert:  Lady Themis replied 3 years ago.
In order to recover, most theories of liability would require that he had some knowledge that he had the disease or should have known that he had it. If in fact he went to the doctor and was cleared of STDs, that would be a defense for him, because he could have relied on the doctor's opinion that he was not infected. If he didn't go to the doctor, or if the doctor didn't tell him he wasn't infected, and he thought he was infected, you may have a cause of action against him.
Customer: replied 3 years ago.
Will they take his word that the doctor cleared him or would his medical records have to be shown. He knew he had it he told his friend that the doctor lady he was dating gave it to him because she told him she had it and who gave it to her!! What kind of Atty to I contact?
Expert:  Lady Themis replied 3 years ago.

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.

 

Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience: Divorce, child custody, child support, etc.
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Lady Themis
Lady Themis
Family Lawyer
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Divorce, child custody, child support, etc.