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NSW Personal Injury - Can I Sue Ex for Giving Me STD?

Discussion in 'Personal Injury Law Forum' started by Jessyray, 10 June 2016.

  1. Jessyray

    Jessyray Member

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    2014 December, I had an outbreak of genital herpes. I was 19 and was a virgin until I was dating this individual who was 24 years old. He had previously told me he had only slept with one person who was a virgin before me and gave me the feeling of safety.

    I was in an outbreak for many weeks with a lot of pain and my doctor almost sent me to the hospital due to how bad my outbreak was. I have been on medication ever since to keep the STD at bay. I suffered from depression and anxiety before this happened and this has much affected both of these things. This has emotionally affected me more than I could explain .

    I have been off the medication for a week but then due to the anxiety I have daily, I began to get outbreaks again! This has affected my day to day life and my fear of ever passing it on or having children. I have to pay for daily medication and deal with something that was the most horrifying, scary and painful experiences of my life. I was in bed for weeks and am now horrified to come off my medication.

    Can I sue this person for personal injury? We were dating but he left me days before I found out about this and refused to take responsibility.
     
  2. Rod

    Rod Well-Known Member

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    You can sue but not likely to be successful.

    Areas against you:
    1. Pre-existing condition of depression.
    2. Anxiety is not actionable
    3. Proving he gave you the STD
    4. Need to prove negligence by him (eg: he may have been unaware he had an STD at the time of infection)
    Points 3 and 4 are the hard ones to overcome. Sorry, don't like your chances.

    Might be better to concentrate on the underlying condition that has given you depression rather than focussing on something that made it worse.

    Good luck, hope you get better.
     
  3. Jessyray

    Jessyray Member

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    I am focusing on my depression but this is something I am struggling to live with aside from my depression.


    My doctor was aware I was a virgin before this, she's been my doctor since birth.

    Also he was the only person I'd ever been sexually active with so that's proof? And after I've told him, he still remains to have sex with people without going to the doctors and denied it being his fault.

    So how can someone like this be stopped or at fault for not caring?
     
  4. Rod

    Rod Well-Known Member

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    It might be a true statement but it is not proof. And from what you've said about your ex he is going to deny everything. At court you need to prove your case, your ex doesn't have to prove his side.

    There is no law against 'not caring'. There has always been people like this, and sadly there always will be. Just do what you can to get better and remove people like this from your life and thoughts.
     

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