I have to agree with grace on this one: "bottom line is - trust no one. ask partners to get tested for std's prior to sex otherwise always insist on condoms."
Unless this man raped you, which you should have and can still report if that's the case, you have to be accountable for your own actions too here. I'm not a big fan of victim-hood otherwise. No means no, I believe the saying is, and take responsibility for your own actions.
And as Grace said, what's the point in pursuing litigiousness to begin with since you didn't contract herpes from this man?
(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
herpes is not reportable in any state on the federal level. A few counties have hsv2 reportable or hsv infections in newborns reportable but that's all.
they also do not report you to the health department for not telling that you have a std.
which std's are reportable vary from state to state. Some states just keep track of infections while others will actually contact you to make sure that you followed up with proper treatment and also to see if you want them to contact any partners for you to inform them that they should get tested. it's not anything to be scared about. you become a number to them in the long term. it won't send you to jail or anything either.
when pursuing legal action against someone you have to prove that you didn't have herpes before you were with them. You also have to prove that they were infected and knew it and didn't inform you. you also have to have contracted herpes which for this poster ( this is part 2 of her post ) doesn't appear to have happened so it's all moot anyways.
you don't even know if he has hsv1. just because his partner has it, doesn't mean he does.
he did wrong, b ut im pretty sure the argument would be should've used condoms
as we've already discussed in your previous post - this partner wasn't a risk for you any more than anyone else. being in the medical field doesn't mean he's any smarter than anyone else about std's either to be honest. you get about 15 minutes of education on them in school.
no, there is not a legal responsibilty to disclose std status in most states. Most states do have hiv laws on the books but not anything else. you can sue in civil court though if you think someone knew they had a std and didn't tell you.
bottom line is - trust no one. ask partners to get tested for std's prior to sex otherwise always insist on condoms. condoms work best if applied when the clothes come off and not waiting until actual penetration to put them on.
grace