Legal Question in Personal Injury in Michigan
I believe there is a case in Michigan whereby a woman sued a partner for transmitting an std (herpes) when he had knowledge he had it and did not tell her, and she won. . Is there case law & under the same cirumstances, can a suit be brought against someone who knows they have an std but do not seek medical attention and who continue to pass it on and do not tell their partners?
3 Answers from Attorneys
Yes, this is a valid case. Unfortunately, there is no insurance coverage, so the defendant would have to be collectible to make it worth while. Contact me at kliszlaw.com to discuss in detail. Tim Klisz
A further problem is proofs. You cannot force the defendant to produce his medical records. Therefore, the way people normally prove prior knowledge of an STD is by taking a picture of a prescription for the STD or by having other independent proof, such as other witnesses. These are difficult to prove. Also, the defendant always claims that you got the STD from someone else. Therefore, to prove that the defendant gave you the STD would sometime require expensive DNA tests. It is hard to get the evidence necessary to conduct the tests and the tests are expensive.
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