Legal Question in Personal Injury in New York

Transmission of STD's

Can you successfully sue someone for giving you genital herpes? Can that person's doctor be sued?


Asked on 3/29/07, 2:50 pm

3 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Transmission of STD's

The person who infected you would be eleigble for a law suit. His doctor would be harder to get but not impossible. If for example he screwed up the diagnosis and patient gave the disease to his girlfriend, she would sue the guy and he would implead the doctor. There are even scenario for going after the doctor directly if you can show he owed you a duty.

If you would like to discuss this further, with an eye toward bringing a law suit, feel free to contact me by using the links below.

Good luck.

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Answered on 4/09/07, 9:34 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: Transmission of STD's

Generally if someone willfully transmits an STD a valid claim can be brought against that person. However in NY be aware that the statute of limitations may only be 1 year from the date of transmission. With regards t the doctor, the doctor is generally shielded from liability unless you can prove that he/she knew the patient was engaging in this type of behavior and failed to take the steps necessary to prevent it prior to the transmission of the disease to you.

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Answered on 4/12/07, 7:07 am


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