Do I have a legal case if the person I had sex with did not fully disclose his STD history after I asked him about it before we had intercourse? 1 Answers as of November 24, 2014

Last January, I made a poor decision and had unprotected sex with a friend of many years. Before taking the plunge, I asked if he had been tested for STD's and if the results had been negative. He responded yes to both questions. Ten days later, laboratory tests confirmed I was suffering from a primary outbreak of genital herpes. When I told him I had contracted HSV-2, he said that because he had never experienced any symptoms, he thought testing was unnecessary. He also stated that 3 1/2 years earlier, in the course of being medically worked up for an aneurysm, some STD's had been ruled out. I have no idea how many partners he'd had during this time, and am quite sure he wouldn't have told me. When I asked which STD's were tested for, he evaded the question before finally "confessing" he was unsure. In June, I discovered that HIV and syphilis were the two routine tests and told him this. He corrected me and said that his cardiologist had also tested for hepatitis, and that he had given me this information before we had sex. His latest version denies he made any statement at all about STD testing. Even if he had been truthful and fully disclosed these details prior to sex, I wouldn't have considered the tests to be sufficient to proceed, and would have requested he first undergo testing. He is an intelligent and very competent registered nurse with approximately 30 years experience in emergency and critical care nursing. To further complicate matters, I've experienced unusually severe symptoms. I was referred to a urologist, placed on antiviral medication, and given catheters due to an inability to urinate. Fortunately I had learned self-catheterization many years earlier after an accident left me an incomplete quadriplegic. This phase resolved and was followed by lack of bladder control, and several thousand dollars worth of testing. I continue today to suffer from incontinence and need to wear protective undergarments, with medication.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
In North Carolina maybe not as good as you might think. There is a rule of law dating to the middle ages called " contributory negligence" which means precisely what it says: if you contribute to your own injury you cannot recover. The carrier will argue that your participation was contributory. You might engage a lawyer to research the area for you. I have never seen or heard of a successful case in NC.
Answer Applies to: North Carolina
Replied: 11/24/2014
Click to View More Answers: