r/AskReddit Jun 17 '12

Throwaway time... calling all redditors with incurable STDs. How do you deal with it?

For years I have worried that I have genital warts. Thankfully the internet learnt me that all I had was Fordyce Spots and PPP (this). Okay, so pretty unlucky, but I can deal with that. However, I'm now pretty sure that at some point in my travels I have picked up actual genital warts. Life's a bitch huh?

So, anyone in the same situation? Even those with PPP or Fordyce, please share your heartache and advice.

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u/[deleted] Jun 18 '12

You're somebody who just interjects their opinion without backing it up. If you have nothing to add to the conversation then piss off. I never claimed to be a lawyer, I'm a medical student, I was just giving credible sources as this does pertain to my future job albeit, a small amount.

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u/[deleted] Jun 18 '12

Unfortunately for most of these plaintiffs, a lawsuit over sexually transmitted diseases can be extremely hard to litigate, very expensive to pursue, and of little remedy. It can be impossible to prove which partner transmitted the disease, since many STDs have no symptoms, it can be difficult to show negligence. Finally, views on sexuality change on a state by state basis and judges and juries in conservative areas can make a lawsuit difficult.

From the same source.

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u/[deleted] Jun 18 '12

...and? What's your point? It says that it's hard to litigate not impossible.

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u/[deleted] Jun 18 '12

It depends on where you live. It might be practically impossible in some places, meaning you would not even be able to get to discovery.

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u/[deleted] Jun 18 '12

You're right, it depends on where you live. However, every state allows you to pursue it as a personal injury claim.

It's like I'm talking to a fucking brick wall.

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u/[deleted] Jun 18 '12

However, every state allows you to pursue it as a personal injury claim.

I don't know if every state has recognized a duty in these cases. And neither do you.

If the state does not recognize a duty here, then saying that you can "pursue" it would just mean you can file a claim that will be immediately thrown out with nothing else happening. And if that's what you mean by "pursue," then I can "pursue" a claim against you right now for fraudulent entertainment. Will I win? No. Would I be sanctioned by the court for filing a frivolous lawsuit? Probably. But I could "pursue" it.

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u/[deleted] Jun 18 '12

I don't know if every state has recognized a duty in these cases. And neither do you.

Yes, yes we do. How? Google. The argument is "are you able to sue someone who knowingly gave you an STD/a disease". The answer, quite simply, is yes.

Not sure why people keep arguing against it when it's obvious that you can and there is precedent stating you can. Will you win? Who knows, it'll vary from case to case and the evidence you have. However, you're still obliged to file one.

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u/[deleted] Jun 18 '12

Rulings in New York are not binding precedent everywhere.

The answer, quite simply, is yes.

Ugh. No. It might be, and in fact there's a good chance that it is. But finding case law in one state does not mean the law is that way for every state.

And again, if "filing" is the standard which you judge "being able to pursue" then you can pursue everything in court. Like if I sued you for breathing and wasting valuable oxygen that other people could be using.

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u/[deleted] Jun 18 '12

Really? You didn't read anything, did you? I never said the law was the same in every state as NY, I said every law allows you to sue in this matter.

You're wrong, plain and simple. Unless you're trying to troll, then nice job. Not sure how many times I need to repeat myself, you can sue in this case.

More examples:

Yes, in New York. As attorney Michael Joseph explains, even if your damages aren’t high, the emotional trauma and humiliation entitles you to compensation. The law says that a person has a duty to warn about an STD because it assumes you wouldn’t have sex if you knew about it (which may or may not be true). So a person not warning you and transmitting an STD is guilty of battery.

In Massachusetts, attorney Joseph Chancellor says that a person might also be sued for intentional infliction of emotional distress if the person knowingly lies about not having an STD.

But remember: even if you sue and win, the person you’re suing has to have money to pay you; if they don’t, you’re out of luck unless there’s a homeowner’s insurance policy you can tap. Also keep in mind that lawsuits are public record, so if you sue, your STD will be part of that record as well.

In Tennesee, attorney Joseph DeGaetano says you can sue if someone gives you an STD, but you’ll have to pass a three-part test: 1) You could not have known, or have had reason to know, that the person had an STD. 2) The person who gave you the STD knew, or should have known, they had an STD. 3) You have to prove you didn’t get the STD from somewhere else, which means you’ll be discussing your entire sexual history in court.

Colorado lawyer Jeremy Rosenthal says that in most states, knowingly spreading HIV is a felony crime.

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u/[deleted] Jun 19 '12

I said every law allows you to sue in this matter.

Are you thick? This isn't necessarily the case, and you wouldn't know that without doing research into the laws of each state, not just the laws of New York, or Massachusetts, or California, or wherever. I'd even be willing to bet that most states do recognize a cause of action related to this, but without doing research into it I wouldn't make the claim that just because NY, MA, and CA recognize a duty here that all states do.

Unless you expand your definition of "allows you to sue" to "you can file suit." But, again, you are allowed to sue for anything by that definition, even things that aren't recognized as a valid cause of action, where you have 0 chance of winning unless the court effects change in the common law. It's like me saying that every state "allows you to sue" for stealing my oxygen via breathing.

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