Dear Dolores: Do I Have Grounds To Sue?

Dear Dolores,

About 8 months ago, I had sex with a woman on Vespucci beach. Then a month ago I found out I have a STD that’s been dormant all that time. I’ve only ever been w/ her so I must have gotten it from her. Problem is, she’s dead now so I can’t confront her. Should I sue her family?????

— Itchy

Dear Itchy,

First of all, congrats on the sex. Second of all, that is quite an unfortunate predicament. I am not your attorney, but as someone with some knowledge of legal matters I would say that your case is a long shot. In some states it is legal to sue someone for negligence regarding the transmission of STI/STDs. In order to successfully do that, you would need to prove that your former partner had a duty to inform you or a duty to prevent transmission of her STI/STD and that that duty was breached by your former partner. This is regarding your former partner, who, as you have mentioned, is deceased.

To successfully sue her family for negligence you would need to prove that they had a duty to inform you or a duty to prevent transmission of her STI/STD. This, forgive me, seems very unlikely. My advice to you is to see your doctor for treatment of your condition and to follow that up with regular screenings. Here’s hoping you get your situation cleared up so that you may continue your Vespucci beach activities. 

— Love, Dolores

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