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  • “Keith Davidson is one of the best Trial Lawyers in America. He took my case when no other lawyer would.”

    - Hector E.

Frequently Asked Questions

Answers From Our Los Angeles STD & Sexual Assault Attorney, Serving Southern California
  • Q:I contracted an STD. What are my legal options?

    A:It is illegal for a sexual partner to knowingly and willfully fail to disclose that they have a sexually transmitted disease (STD) or a sexually transmitted infection (STI). Doing so may result in both criminal charges and civil penalties. A failure to disclose an STD is most often reckless and negligent, just like the at-fault party in a car accident or the manufacturer of a dangerous product. Those who have an STD have a duty to disclose that information with sexual partners. If you contracted an STD or STI from a negligent partner, you may have grounds to file a lawsuit to recover compensation for your medical bills as well as your emotional suffering. A wrongdoer can be found negligent for the transmission of an STD if the failed to disclose the fact if they knew, or should have known of their status!

  • Q:What do I need to file a lawsuit?

    A:In any lawsuit, your lawyer will need to prove liability by showing that your sexual partner knew or should have known they had an STD or STI and acted negligently when they failed to disclose their status. Note that unintentionally spreading the disease is not a viable defense, as they should have taken care and been aware of their status. In addition, taking prophylactic measures does not remove liability, as condoms can fail and partners should be made aware of the risks associated with sexual contact.

  • Q:As the victim of sexual assault, do I have a claim? 

    A:You may have grounds to seek compensation in the face of abuse, assault, harassment, and/or battery, especially when it led to the transmission of an STD or STI. A victim does not have to prove the intent to spread the disease or infection, and the act of unwanted intercourse itself can be used to prove liability.

  • Q:Does the specific STD matter when filing a lawsuit?

    A:No, a lawsuit may be filed for the negligent spreading of any STD or STI. Our Los Angeles STD attorney handles cases for victims who contracted AIDS or HIV, chronic hepatitis B (HBV), herpes, cervical cancer resulting from human papillomavirus (HPV), and more.

  • Q:Isn’t my reputation at stake?

    A:At KMD Law, our attorneys take your privacy seriously. Unlike criminal courts, we do not need to prove guilt in a civil case, and we may be able to settle your claim without having to go to court. In cases where a lawsuit is necessary, we’ll do everything possible to keep your name out of the press. We prioritize discretion and attorney-client privilege when fighting for your rights and best interests.

  • Q:How do I know if I have an STD?

    A:Different STDs and STIs have different symptoms. If you suspect that you have contracted an STD contact our office immediately. Some diseases like Herpes may tend to show physical symptoms within days of exposure but often result in a negative blood test. It is important to have your specific case evaluated at the earliest possible opportunity by a seasoned professional. You may notice itchy red bumps, sores, or pustules; a burning sensation or pain during urination; flu-like symptoms, including sluggishness, headache, and fever; fatigue; swollen glands; nausea or vomiting; muscle aches; abnormal discharge; rashes; or weight or hair loss. If the infection has progressed far enough, serious complications may develop, such as cancer from the human papillomavirus or shortness of breath and chronic illness from HIV/AIDS. In addition, some STDs present with no symptoms at all. 

  • Q:I signed a non-disclosure agreement – do I have a case?

    A:A non-disclosure agreement, commonly referred to as an NDA or confidentiality agreement (CA), is a tool commonly used  to prevent certain facts from leaking out into the wider world. However, these “gag orders” can also be used for more nefarious reasons, such as to keep victims from talking after they accept a settlement for a sexual harassment, assault, or STD claim, particularly when their claim was against a high-profile individual. The enforceability of an NDA is very complicated and needs to be carefully analyzed and evaluated by a seasoned professional. If you are subject to an NDA and have questions regarding your Rights and obligations, please contact KMD Law at once.. Sometimes it is worth the risk. Call (833) 456-3529 to discuss your legal options.

  • Q:Is it worth pursuing my claim when it seems like so many walk free?

    A:Many sexual harassment and assault cases are settled before filing a lawsuit, so you may not even have to face your assailant directly. However, it is entirely up to you to determine whether you are mentally prepared for the possibility of facing your assailant in court. At KMD Law, we operate on contingency, meaning our clients only pay us if we win. Our firm has a long history of success, but in the event we do not win your case, you will not suffer financially. We also promise to protect your privacy and keep your name out of the press as best we can.

  • Q:Does it matter when the sexual assault occurred?

    A:In California, and in every state across the country, there are statute of limitations concerning civil lawsuits for  sexual abuse and sexual harassment. The limitations and the laws that control when and where you can file a claim based on sexual impropriety are seemingly changing every day. Don’t assume that because the abuse occurred years, even decades ago, that you cannot file a claim. We have recovered millions for our clients for events that happened aas much as 30 years ago. Call 833-4-KMDLAW to discuss your matter today.

  • Q:What does a positive HSV-1 or HSV-2 IgG blood test for Herpes mean?

    A:A positive result strongly suggests a recent HSV infection. A small percentage of positive HSV-2 IgG results may be false-positive. Further testing may be appropriate for patients with a low or unexpected positive HSV-2 IgG result.

  • Q:Does a negative result mean that the patient has not been exposed to HSV?

    A:Not necessarily. A negative result does not rule out infection, because the specimen may have been collected before antibodies in the blood have reached detectable levels. This assay can detect HSV IgG antibodies as early as 3 weeks after the onset of symptoms. However, people seroconvert at different rates, and some do not seroconvert for 6 months or longer.

  • Q:What is the link between genital herpes and HIV?

    A:Genital ulcerative disease caused by herpes makes it easier to transmit and acquire HIV infection sexually. There is an estimated 2-to-4-fold increased risk of acquiring HIV, if individuals with genital herpes infection are genitally exposed to HIV. Ulcers or breaks in the skin or mucous membranes (lining of the mouth, vagina, and rectum) from a herpes infection may compromise the protection normally provided by the skin and mucous membranes against infections, including HIV. In addition, having genital herpes increases the number of CD4 cells (the target cell for HIV entry) in the genital mucosa. In persons with both HIV and genital herpes, local activation of HIV replication at the site of genital herpes infection can increase the risk that HIV will be transmitted during contact with the mouth, vagina, or rectum of an HIV-uninfected sex partner.

  • Q:How does genital herpes affect a pregnant woman and her baby?

    A:Neonatal herpes is one of the most serious complications of genital herpes. Healthcare providers should ask all pregnant women if they have a history of genital herpes. Herpes infection can be passed from mother to child during pregnancy or childbirth, or babies may be infected shortly after birth, resulting in a potentially fatal neonatal herpes infection. Infants born to women who acquire genital herpes close to the time of delivery and are shedding virus at delivery are at a much higher risk for developing neonatal herpes, compared with women who have recurrent genital herpes . Thus, it is important that women avoid contracting herpes during pregnancy. Women should be counseled to abstain from intercourse during the third trimester with partners known to have or suspected of having genital herpes.  While women with genital herpes may be offered antiviral medication late in pregnancy through delivery to reduce the risk of a recurrent herpes outbreak, third trimester antiviral prophylaxis has not been shown to decrease the risk of herpes transmission to the neonate. Routine serologic HSV screening of pregnant women is not recommended. However, at onset of labor, all women should undergo careful examination and questioning to evaluate for presence of prodromal symptoms or herpetic lesions. If herpes symptoms are present a cesarean delivery is recommended to prevent HSV transmission to the infant. There are detailed guidelines for how to manage asymptomatic infants born to women with active genital herpes lesions.

  • Q:How is genital herpes diagnosed?

    A:In a very general sense, detection for HSV infections can be performed through visualization, culturing a lesion through a swab, or testing the patient’s blood.  IMPORTANT: If you believe that you are experiencing a first-time outbreak of genital herpes, it is very important that you seek qualified medical care and have a blood test performed as soon as possible. Often times an initial blood test will return as “negative” for HSV infection because the disease because the body has not yet metabolized HSV’s antibodies. Sometimes, it can take up to 100 days for the human body to produce HSV antibodies after contraction. Seeking a legal opinion at the onset of infection is extremely important. A newly infected patient should seek out a seasoned and experienced attorney at the outset.

  • Q:Is there a cure or treatment for herpes?

    A:There is no cure for herpes. Antiviral medications can, however, prevent or shorten outbreaks during the period of time the person takes the medication. In addition, daily suppressive therapy (i.e., daily use of antiviral medication) for herpes can reduce the likelihood of transmission to partners. There is currently no commercially available vaccine that is protective against genital herpes infection. Candidate vaccines are in clinical trials.

  • Q:How can herpes be prevented?

    A:Correct and consistent use of latex condoms can reduce, but not eliminate, the risk of transmitting or acquiring genital herpes because herpes virus shedding can occur in areas that are not covered by a condom. Persons with herpes should abstain from sexual activity with partners when herpes lesions or other symptoms of herpes are present. It is important to know that even if a person does not have any symptoms, he or she can still infect sex partners. Sex partners of infected persons should be advised that they may become infected and they should use condoms to reduce the risk. Sex partners can seek testing to determine if they are infected with HSV.

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