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If you can't trust a Dr. who can you trust????
Question: I'm a H-victim myself. My ex-boyfriend gave me H and the worst part about it is that he's a Doctor. I demanded he use a condom when we first started having sex and he assured me he was disease free. He hid behind his Dr. Title saying that b/c of his profession he's been careful his entire life and that he was disease free. Three days after having unprotected sex, I thought I had a Uriniary tract infection. Turns out I was having an H outbreak. I had never had a history of anything like this in my life. He lied to me after I confronted him. Then after crying and wanting to kill myself he confessed he had had it for over 20 years. I'm in the process of suing the bastard. You can sue people for this as long as you have medical records to prove it. In my situation, I took a blood test and it turn out negative. it wasn't until my ob gave me a culture that it proved positive for H. The reason the blood work was negative was b/c I was just so recently infected that it did not show up until the culture. Thus linking the bastard to giving me the disease. He deserves to be punished for his actions. Answer: Seeking Justice... I feel your pain on this, as I contracted herpes from someone who was a medical proffesional as well. ( I can't say much as I think he might lurk on this sites and what not....more on THAT later....) but....yes, HE worked in the medical field and assured me he was "clean" of all diseases, even procured certificates showing he tested negative for HIV, and other stds. My knowledge of STDS while vast, was pretty limited on herpes. Apparently he is one of these who rarely has outbreaks, if ever, but he passed it onto me. The ONE TIME I had unprotected sex with him, I ended up with an outbreak. I think I may have even had one earlier, but dismissed it as a yeast infection because I was itchy but couldn't see a "sore' (not realizing that people manifest this virus in many different ways.) It was right after a condom slipped off. Coincidence? I think not. There were so many things what should have been tell tale signs, but I just didn't see (or chose not to see) them. Things he said, which at the time, I didn't think much about, but obviously now, make sense. then I heard that his ex wife left him because he gave her herpes. BINGO. I had already broken up with him and had already suffered my first outbreak. But this was the final nail on the coffin. I was pissed. He lied and lied and last I heard, he is still lying. I spoke with the medical director of the hospital he worked at, as I feared that he was such a misogynist, and so cruel and manipulative (while hiding under the guise of being a gentleman and chilvarous) that I was afraid he would purposely pass this shit onto a patient or something. I told the Director about my situation she set up blood work to be done for me. The blood work came back negative. (even though the swab was positive.) She then sat with me and told me that chances are since I had JUST OBTAINED THE VIRUS that it was likely it would not show up in my bloodstream for a few months. Hence, he WAS the person who gave it to me, despite the fact that he lied and said he had bloodwork taken and he was "clean" and I must have gotten it elsewhere! I do not know what happened to him, I know that his superiors were all watching him....kind of like a probation thing, as they were worried too. I should have taken some legal action, but honestly, I didn't want this to effect my child AND my posistion in life. (I don't want to be the martyr for herpes rights and shit......my lot in life makes me a very public person, and well, I just do not want that shit to be the only topic over my head and one peoples' minds. ) It was my choice and Had I the inner strength to sue him for it, I would have. So I wish you luck in this. A person who is a doctor should goddam know better. More than anyone. I constantly rant and rave about what morons the majority of doctors in this country are, and this more than proves it. This person isn't just a moron, he is a devious, deviant person. It is scary to think he is a doctor. What kind of doctor IS he...I hope not a OB/GYN!!! God forbid! Answer: My ex-boyfriend gave me H and the worst part about it is that he's a Doctor. I demanded he use a condom when we first started having sex and he assured me he was disease free. He hid behind his Dr. Title saying that b/c of his profession he's been careful his entire life and that he was disease free....Then after crying and wanting to kill myself he confessed he had had it for over 20 years. I'm in the process of suing the bastard. I'm going to ruin his life and medical career. YES!!!! ABSOLUTELY! ...Name your price on that devil and take care of every future monetary/pharmaceutical/medical/social/health insurance/psychological/emotional expense you believe you could ever have as a result of this! A female can think it will be more difficult to marry; if you do, tell your lawyer to calculate a future spouse's foregone income and attendant economic status...And I would put (1) the relevant Medical Board and AMA on notice because he shouldn't ever be licensed ANYWHERE! (2) his malpractice insurer on notice--if he did this to you--and make no doubt about it that he intended to infect you with this virus--his unethical behavior suggests he is a serious risk to all his future patients--people don't have "selective ethics"; and I'd send a copy of the court case/settlement to his employer. Take care of yourself and all the best. Answer: He is not only in breach of the law but also in breach of his Hippocratic oath - doctors have to swear to "do no harm". Anyway, you need to be aware that, if you sue using "negligence" as the cause of action (which you probably should, since if you use "battery" then his insurance company probably won't pay up, as battery is an "intentional" tort and insurance companies only pay for "accidents") he will probably use the defence of "assumption of risk". That means he will try to prove that by deciding to sleep with him, you took the risk of catching something. To stop that defence from working, you and your attorney should insist on the fact that he actually TOLD YOU he was disease-free. He'll deny it, so be prepared! Dammit, I should put all this up in a website one day. Answer: Before dating my current bf, I was dating a physician for 3 years. Now, I wonder if he?s the one who gives me H since my current bf was a virgin. Answer: Grrrrrr...... :x Wouldn't that be something...if Dasin caught this from a physician as well....hmmmm....again, the medical industry is not looking to good for yet another reason. Sometimes I feel that doctors think they are above the law, above reproach.....despite the fact that there have been so many malpractice lawsuits in the past, I know in many states, it is very hard now to sue a doctor for negligence against a patient. But then in their personal lives....they all seem to be complete freakin' WREAKS. Full of malice and deceit. Ok, sure, this is a generalization and not ALL doctors, nurses, etc are like this....but in my personal observations, the whole lot of them are whacked out of their collective skulls!!! Too much prescription dope readily available? The call of the almighty green backs? The GOD COMPLEX hard at work? Were these folks the "nerdy ones" who were picked on in high school and now they are going to "get back" at the world who scorned them in their fragile youth? I don't know. I don't even care. There is no excuse for this. NONE. Nothing excuses bad behavior....I can slightly accept bad choices from people are ignorant of this disease. I can NOT accept one bit from people who WORK in the medical field and SHOULD have a basic understanding of viruses. Perhaps these boneheads should have partied less with their frat brothers and studied more. I am totally annoyed. This post has also dredged up my own demons as well, so now I just want to go out and kick some ass. Starting with my ex. :twisted: Answer: He is not only in breach of the law but also in breach of his Hippocratic oath - doctors have to swear to "do no harm". Anyway, you need to be aware that, if you sue using "negligence" as the cause of action (which you probably should, since if you use "battery" then his insurance company probably won't pay up, as battery is an "intentional" tort and insurance companies only pay for "accidents") he will probably use the defence of "assumption of risk". That means he will try to prove that by deciding to sleep with him, you took the risk of catching something. To stop that defence from working, you and your attorney should insist on the fact that he actually TOLD YOU he was disease-free. He'll deny it, so be prepared! Dammit, I should put all this up in a website one day. Technically he doesn't have a hippocratic duty to you to "do no harm" since you weren't his patient--though his doing you harm definitely makes him a twisted and creepy doctor who is likely looking his patients in the eye and lying to them too for his own gain. His duty to you--at least this particular one--just emanates from plain vanilla tort law, and he breached it as perfectly as possible except for writing down a note saying "I am negligently engaging in unsafe sex with you and will likely transmit HSV" and signed it. So much is on your side in this legal issue--the judge jury will want to know why he didn't know every medical fact/complication/life-altering issues on this site that all of us know that's freely available to nondoctors. A very good point is made here and I agree about the insurance liability if an intentional tort action is claimed and your attorney may advise against it (I think the downside of claiming it is his personal insurance policy not covering it and the potential upside being the additional punitive damage award that can be sought), however, in this case, even if an insurer can avoid liability for an intentional tort, there's at least a nice doctor's income stream to go after, unlike in some other cases. Hope the creep is a cardiologist... Answer: thank you all for your support. This is going to be an arduous battle, but one I am prepared to fight. Funny thing happened today when I was trying to find an attorney. Get this ---- the attorney I contacted was a friend of his that was repulsed when hearing that his "Friend" did this to me. Serves him right. Guess he won't be looking at him the same way any longer. I've been doing extensive research and found a Dr at Cornell University has found that it is possible to pass H through the hand known as "whitlows" wait till patients hear that they'll be running. Herpes can infect through "Intact Skin." Basically if he touched a patient w/o gloves he could transmit H to patients. This bastard intentionally infected me with H to keep me from "getting away" from him. He has a medical license that he's abusing. He is not only in breach of the law but also in breach of his Hippocratic oath - doctors have to swear to "do no harm". Anyway, you need to be aware that, if you sue using "negligence" as the cause of action (which you probably should, since if you use "battery" then his insurance company probably won't pay up, as battery is an "intentional" tort and insurance companies only pay for "accidents") he will probably use the defence of "assumption of risk". That means he will try to prove that by deciding to sleep with him, you took the risk of catching something. To stop that defence from working, you and your attorney should insist on the fact that he actually TOLD YOU he was disease-free. He'll deny it, so be prepared! Dammit, I should put all this up in a website one day. Technically he doesn't have a hippocratic duty to you to "do no harm" since you weren't his patient--though his doing you harm definitely makes him a twisted and creepy doctor who is likely looking his patients in the eye and lying to them too for his own gain. His duty to you--at least this particular one--just emanates from plain vanilla tort law, and he breached it as perfectly as possible except for writing down a note saying "I am negligently engaging in unsafe sex with you and will likely transmit HSV" and signed it. So much is on your side in this legal issue--the judge jury will want to know why he didn't know every medical fact/complication/life-altering issues on this site that all of us know that's freely available to nondoctors. A very good point is made here and I agree about the insurance liability if an intentional tort action is claimed and your attorney may advise against it (I think the downside of claiming it is his personal insurance policy not covering it and the potential upside being the additional punitive damage award that can be sought), however, in this case, even if an insurer can avoid liability for an intentional tort, there's at least a nice doctor's income stream to go after, unlike in some other cases. Hope the creep is a cardiologist... Answer: This bastard intentionally infected me with H to keep me from "getting away" from him. Exactly, exactly. What you have just written is his motive. Any defense he tries to raise of you "assuming risk" will be hard to sell to any majority (51%) or any judge. It would require the belief that ordinarily prudent women in general and you in particular, willingly have sex with a man who is not (perhaps yet) a lifelong partner and who you know has a highly contagious STD without making the slightest effort of protection, when all you would have to do is take two hands and tear open a simple package and use a condom--a female one or a male one--to reduce risk. What motive do you have to knowingly have unprotected sex with a diseased man who is not your husband when there's plenty of disease-free men you could have unprotected sex with? ZERO. What motive do you have to avoid using a condom--decreased stimulation?? ZERO--you were trying to get pregnant?? ZERO. What motive does he have to lie? (1) To avoid rejection and get sex--only the most enjoyable physical experience had in the natural world (I say)--and likely the 2 most desired things in the world by most men--rejection avoidance & sex. (2) To have the most stimulating kind of sex for him---'raw' sex. (3) To trap you into staying with him. (4) Perhaps deflected revenge against the woman who infected him. (5) Plain old embarassment. (6) The arrogant belief that he is above the law and there can be no real consequences for lying because he is a doctor and has a god-complex. Copyright © 2007 - 2008 www.thanktoday.com
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