Legal Question in Health Care Law in Florida

genital herpes

guy and a girl go out on a date and some point in the evening they have sexual relations. Then the guy found out that she had genital herpes (she knew she did) can he bring a lawsuit and would he be compensated? if it can be a lawsuit what procedures does he have to take?


Asked on 4/24/07, 5:26 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: genital herpes

I have handled one of these cases. They are tough. You need to prove that she did know AND that she did not tell you. That can be tough. Depends on the facts. There are Florida Statutes that cover the knowing transmission of an STD. Proving knowledge is the key.

Jury "appeal" is always an issue. A pick up, one night stand from the local bar does not sell as well as a long term relationship. Juries tend to think "you deserve it" with a quicky one night stand.

Always tough to recover as well, since there is no insurance of r it.

Give me a call if you want to discuss it further.

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Answered on 4/24/07, 5:34 pm


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