According to California Health and Safety Code Section 120290 it a crime to willfully transmitting a communicable, infectious, or contagious disease. According to California Health and Safety Code Section 120290(a)(2), it is illegal to ignore the instructions of a health professional regarding transmitting an infectious disease.
One potential cause of action is negligence. With this type of claim, the plaintiff must be able to prove that
The keystone of a negligence claim is that the defendant owed the plaintiff the duty to disclose him the information about STD so that the plaintiff could make a decision about his wish or lack to be exposed to the disease. In some cases, liability for negligence lies if the defendant exposed the plaintiff to a sexually transmitted disease, even if the transmission didn’t occur. Usually, damages in this situation are based on the mental anguish and emotional distress.
A battery cause of action for transmission of a sexually transmitted disease involves the defendant’s intentional, unconsented and harmful contact with the plaintiff. In an STD case, while the plaintiff may consent to sexual contact, he is not consenting to a contact accompanied by the known risk of contracting an STD. Moreover, it is not necessary that the defendant had a specific intent to transmit the STD – going forward with sexual contact with the knowledge that transmission could occur is enough. For a civil battery claim, the victim must prove that the defendant has actual knowledge that he is infected with an STD, or is likely to have one.
In order to prove fraud, the plaintiff must establish the following:
Accordingly, a person who knowingly and intentionally fails to disclose knowledge of his sexually transmitted disease to a sexual partner can be held liable for any injuries sustained by the partner.
A person who contracts an STD experience suffers emotional distress, including guilt, depression, anxiety, humiliation, or even self-destructive thoughts. An injured person can recover damages for such emotional distress and hold the person with STD legally liable. Frequently, a claim for intentional infliction of emotional distress for transmitting an STD is brought along with another legal theory, such as negligence. This is because demonstrating the elements of emotional distress and determining damages is usually very difficult.
Generally, disclosure of another person’s HIV status is strictly prohibited, with narrow exceptions like court cases and medical procedures and. A violation of the statute can provide grounds for a civil lawsuit.
In civil lawsuits, the plaintiff may be entitled to the following damages, including:
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