Can You Sue for Contracting a Sexually Transmitted Disease?

If you just found out you contracted a sexually transmitted disease, your first response might be to get justice for the responsible party. It can be tricky, but you may be able to sue the person who infected you with an STD for negligence or battery. For an STD infection negligence case, you need to prove that your partner knew they had an STD and intentionally did not inform you of ways to prevent transmission of their STD, and now you are suffering from the damages. Your partner can still be found negligent if, for example, he used a condom and you contracted an STD. Filing a civil lawsuit in connection with an STD is often not an easy choice to make. Additionally, you may also consider pursuing battery charges. 

Proving the Theory of Negligence

You first need to demonstrate the following elements:

  • The partner who gave you the STD knew they had the disease.
  • Partner had a duty to inform you about the STD.
  • Partner breached this duty and did not inform you about the STD.
  • You contracted the STD due to this breach of duty.

Proving the Theory of Battery

  • Partner had the intent to cause harm (assault)
  • Physical evidence on body and clothing (bruises, blood, other personal injuries)
  • Physical contact was offensive and unwarranted 

Proving Damages

  • Providing the medical costs for your SDT treatments
  • Prove that you are suffering from emotional distress and physical damages

An infected person has a lawful duty to warn their partner if they contracted a sexually transmitted disease. Getting an STD may be infuriating, but the law does not leave you powerless to get justice.

We are Here to Help

If you or someone you know has contracted a sexually transmitted disease, consult with a lawyer to help protect your legal rights before you sue. Depending on your situation, you may be entitled to recover compensation for your injuries. At Edelman, Krasin, & Jaye, PLLC, we offer more than 60 years of combined experience and have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to demanding full accountability. If you or your loved ones are victims of contracting a sexually transmitted disease, contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and on our Live Chat application on our website to have your questions answered at any time.