News stories have been brimming with the latest celebrity gossip on Charlie Sheen and how he failed to inform his sexual partners and others that he was H.I.V. positive. Yet, irrespective of whether or not something involves a celebrity, individuals not informing sexual partners about sexually transmittable diseases is actually a serious issue, and one that could even be called a personal injury, in some circumstances; not only for the partner they were directly involved with, but for every partner they are then involved with. So when does failure to report disease constitute a personal injury?
Failure To Report Disease And Criminal Charges
This has become such an issue, in fact, that many states have passed what are known as partner-notification laws for patients that are H.I.V. positive, making it legally obligatory to disclose this information with a sexual partner or someone who may share a needle with you. The requirements are that one must have known that they were H.I.V. positive and failed to disclose this to their partner. In fact, some have spent 25 years in jail for the crime even after using a condom and ensuring that their partner did not contract the disease.
Louisiana, for example, has criminal violations for engaging in sexual and other activities as part of their notification laws.
Civil Lawsuits
In addition to criminal charges, you could have a civil lawsuit filed against you by someone who was a sexual partner or who shared a needle with you if you do not inform them, regardless of whether they ended up contracting H.I.V. In these circumstances, the courts have the ability to force a defendant to undergo a test for H.I.V. This charge falls under tort liability or personal injury law; it is a negligent or intentional act which resulted in injury, arguably similar to the context of a car accident. In addition, civil cases brought over H.I.V. transmission may include alleged battery, intentional infliction of emotional distress, and fraud (in addition to negligence).
In addition, the right to bring a civil claim for personal injury is by no means limited to H.I.V., but covers other communicable diseases, such as herpes.
Personal Injury Attorneys
Personal injuries aren’t always of the obvious type—car accidents, slip and fall accidents, etc. Many people do not realize that any negligent or intentional act which results in an injury to you constitutes a personal injury. And the transmission of disease—like any other incident—is preventable if people act responsibly and take precautions.
The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for injuries. Our accident lawyers will work to ensure that your rights are protected. Contact us today for a free consultation.