Legal Question in Civil Litigation in California

My son 16 had a relationship and when it ended the other person has harassed and tortured him at school. Two weeks ago my son was shown a lab form and the HIV area was checked and it stated all positives has to be rechecked this was in the possession of the person giving my son grief.

As a precaution we have had the tests done, the kid has said the lab papers may or may not be true and that my son needs a lesson. If the tests are negative and it is a ploy to scare us, do I have recourse on this type of deception?


Asked on 9/30/09, 2:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Some of the facts are unclear to me. Were the initial test results of your son or his past relationship, how did that person have possession of the lab results, etc. If it was your son's initial lab work and the other person has no knowledge as to whether he himself has HIV, then there is nothing you can do [except as to his having possession of your son's medical records]. if the person knows he does not test HIV positive there might be a case for intentional infliction of emotion stress, but people normally are not required to reveal anything about their own medical record so his not saying what his own medical status is might not be actionable.

It might be better to tell the school principal of the problems ans see what he/she can do.

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Answered on 9/30/09, 3:13 pm


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