Legal Question in Civil Rights Law in New Jersey

Can suit be brought against a person for not advising you they have Genital Herp

I had sex with a Dentist, 2 days later I was diagnose with Genital Herpes. My

Dr. says he would have contracted this 2 me. Can he be sued for pain and

suffering in addition to mental anguish, and when I confronted him his

attitude was to blaise.


Asked on 5/03/04, 11:03 am

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Can suit be brought against a person for not advising you they have Genital

I'm not sure that herpes can be diagnosed that fast, and I expect that this doctor is going to hire a lawyer to thoroughly review your sexual history and rule out the possibility that you got it elsewhere,--or that you were just having an outbreak.

I would first find out from your doctor whether it was POSSIBLE that you had the disease prior to having sex with this dentist and to diagnose the strain of the virus that you're now stuck with.

If you can get a medical opinion that you were more than likely infected by this dentist, then you're likely to get into court and stay there.

You should hire a lawyer prety quickly and get the medical tests done as soon as possible.

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Answered on 5/03/04, 1:51 pm
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Can suit be brought against a person for not advising you they have Genital

You may indeed have a suit against him. My partner defended such a suit years ago for genital warts, so I know there is such a cause of action.

Is he your dentist? You might have additional causes of action as well for a breech of his ethical duties.

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Answered on 5/03/04, 11:08 am


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