• Consulting with Attorney Over Legalities of Spreading STDs on Dates Posted by Admin

    Are they obligated to tell their partners the STD status?

    To order to protect our member, PositiveSingles consults with lawyer Jon Michael Probstein regarding the legal problems that STD people may meet: Are they obligated to tell their partners the STD status?

    Bio of Jon Michael Probstein:

    Admitted to practice in New York and the federal courts (Southern and Eastern District) as well as the Second Circuit Court of Appeals, Mr. Probstein is special counsel to law firms in Los Angeles and New York, as well as operating his own practice in Nassau County. In addition, he serves as a Part 137 Arbitrator on attorney/client fee disputes and as an Arbitrator in Small Claims, District Court, Nassau County. A qualified Part 36 Guardian, Attorney, etc. in Queens, Nassau and Suffolk Counties, he is also a registered attorney with the New York State Department of Labor for Unemployment Insurance claims and an accredited attorney for claims for veterans’ benefits before the United States Department of Veterans Affairs (VA). Mr. Probstein has performed pro bono work for the Volunteer Lawyers Project - Nassau/Suffolk Law Services, Inc., The Safe Center (formerly the Nassau County Coalition Against Domestic Violence) and the Nassau County Bar Association, where he is also a member of the Lawyers Assistance Program Committee and the recipient of the 2015 Thomas Maligno Pro Bono Attorney of the Year award.

    PositiveSingles.com: Are the STD people obligated to tell their partners the STD status when dating?

    Jon Michael Probstein: Certainly in NY, STD people are obligated. Under rulings in the area of personal injuries, such as negligence and intentional tort, courts have held that an affirmative legal duty to disclose exists in the relationship between parties where the defendant knew or should have known that he or she had a communicable disease. In addition, New York Public Health Law § 2307 also imposes a duty to disclose, which provides: "Any person who, knowing himself or herself to be infected with an infectious venereal disease, has sexual intercourse with another shall be guilty of a misdemeanor." This is a state matter so anyone concerned should consult with local counsel.

    PositiveSingles.com: What if their partners contract the STD in case that they did not tell their partners they have STD?

    Jon Michael Probstein: The responsibility can be considerable. At the moment, criminal responsibility in New York appears to be limited to a misdemeanor. In 2015, New York State’s highest court, the Court of Appeals, ruled, in an HIV case, that “without a doubt, defendant's conduct [having unprotected sex when he knew he was HIV] was reckless, selfish and reprehensible. Under our case law, though, this is not enough to make out a prima facie case of depraved indifference [a felony]”. Of course, if an STD individual engaged in this conduct with a “malevolent desire for the victim to contract the virus, or that he was utterly indifferent to the victim's fate”, a different result may be found by a court. Other states have different rules.

    On the civil side, some attorneys have stated they won or received settlements up to 7 million dollars or greater. The most famous of these cases was the late Marc Christian MacGinnis, who won a multimillion-dollar settlement in 1991 from the estate of his ex-lover, actor Rock Hudson, after convincing a jury Hudson had knowingly exposed him to AIDS. Most recently, headlines have been made regarding the litigations involving recording artist Usher and allegations of failure to warn partners that he allegedly had an STD.

    PositiveSingles.com: What if their partners contract the STD in case that they did tell their partners they have STD?

    Jon Michael Probstein: Written partner notification documents signed and acknowledged before a notary may offer the best protection against frivolous litigation (not aware of any case law on this) but nothing can prevent someone from going to court.

    PositiveSingles.com: What if you do not have an STD but your partner claims you gave it to them?

    Jon Michael Probstein: In a recent New York case, the parties first met on the online dating site and had unprotected sex after the plaintiff asked the defendant whether he had any sexually transmitted diseases ("STDs"), and defendant denied that he did. Shortly thereafter, the plaintiff was treated for herpes and for the next two years, the relationship continued but after the parties split, an action was commenced for damages. In fact, the defendant had medical proof that he had no STD’s and after considerable costs and legal fees, the case against him was dismissed.

    There are just no guarantees in life and law.

  • Why We Need STI/STD Check? And When Should We Go For it? Posted by Admin

    how often should we have STD check

    Sexually transmitted infections lead to sexually transmitted diseases. If you’re having unprotected sex with someone whom you barely know, then your chances of obtaining an STD are high. However, they will be even higher if you’re leading a sexually active life where you’re having sex with many different people on a regular basis. Sometimes people go through this phase in their lives when they’re dating different people and trying to test the waters to see who is the right one for them. The problem is these waters can leave a person with an STI or STD while they’re looking for the right one. Regardless of how many people you’re having sex with, you should get your blood tested on a regular basis by your primary care doctor. That way, if you do have an infection or disease, you can treat it early on before it gets worse. Furthermore, you can prevent yourself from transmitting this to your future partners.

    Now the big question is, how often should you get an STI/STD check? Well, the answer depends on how many people you’re having sex with at the moment. For example, if you just have unprotected sex with one partner whom you know well or protected sex with multiple partners, then you should at least get an STI/STD check once per year. This is to ensure that you didn’t catch anything despite feeling safe about the sex you’ve been having. Perhaps a condom broke or your partner cheated on you with someone else who has an STD and now they have one. If you had sex with them after that, they could have easily passed it on to you.

    On the other hand, if you’re having unprotected sex with multiple partners, then you should get an STI/STD check done the very next day after you’ve had the unprotected sex. It doesn’t even matter if you know these partners or not. If you’ve been engaging in casual sex with people, then chances are they’re doing the same thing with other people as well. There is no telling who does or who doesn’t have STIs or STDs between the whole lot of them.

    Remember that STIs and STDs are two different things. An STI may result an STD if it is not treated early enough. That is why it is crucial that you get tested after having unprotected sex with new people because if you contracted an STI, then you could get it cleared up quickly before it becomes an STD. You can get rid of STIs but you cannot get rid of STDs. Therefore, get the check-up done as recommended.

  • The Trends of The Infection of HIV Posted by Admin

    HIV Infection

    HIV is a sexually transmitted disease which attacks the immune system of the body and makes it weaker. There is no cure for the disease but there are drugs that can slow it down before it becomes AIDS. Unfortunately, the majority of people who have contracted HIV cannot afford these expensive treatments. With over 200,000 people in the United States contracting HIV each year, this is certainly not good news for them. But Americans are not alone with this growing rate of HIV infection. It is estimated that over 35 million people in the world are currently living with HIV and that over 4 million more people worldwide get infected with HIV each year.

    Statistics show that the age group which is the most susceptible to getting HIV are people between 19 and 45 years old. This is also the most sexually active age group which explains why they are contracting HIV in the first place. Although the number of Americans being infected with HIV each year increases, the rate of HIV infection in many African countries is even more rapid.

    Despite over 35 million people in the world having HIV, 24.5 million of those people reside in the Sub-Saharan region of Africa. This means that 6.1% of all African adults in this region are carrying HIV. But as you go further south to the most southern African countries like South Africa, you will see HIV infections even more widespread. Roughly 5.5 million people in South Africa have HIV.

    In the Caribbean region of the world, you have the 2nd highest rate of HIV infection out of any other region with 1.6% of adults there having HIV. And since these regions are mostly made up of poor countries, people cannot afford the treatments which slow down the damage it does to the immune system. As a result, many of these people develop AIDS and then die soon after.

    In the United States, the education on HIV/AIDS and safe sex start at a very early age for Americans. However, many still neglect to take safe sex precautions when engaging in sex with someone they’re dating, especially if it’s someone they don’t know that well. Your partner is legally obligated to tell you if they have HIV before engaging in sex with you (assuming they know they have it). But you can’t always depend on them to do that so you must protect yourself as much as possible. Otherwise, in the future, you’ll have to find dates on HIV dating websites because all your other dating options will be limited.

  • Herpes Treatment: The suppressive therapy Posted by Admin

    suppressive therapy

    As one infected with herpes, it is likely you know the illness is incurable. That, however, does not mean that you cannot continue to live a full life after being infected with the disease. After experiencing an initial outbreak or various accounts of symptom recurrence and seeing a doctor, you will want to weigh your treatment options so as to choose the most suitable method for your personal healing process. One of the options to manage a herpes infection is suppressive therapy.

    Suppressive therapy refers to the mode of herpes treatment where an infected individual takes antiviral medication on a daily basis so as to reduce the manifestation of the herpes virus in their body. Through this treatment option, people can decrease the number of outbreaks they suffer over the period when they are under the medication. This enables them to undertake other activities such as working and school work under normal circumstances. As such, their productivity is not impaired, and they can consistently take on the same amounts of workload and relate with others in the same way as before their infections.

    Managing herpes by taking antiviral medication has been proven to be one of the most efficient methods of handling the disease. Suppressive therapy has reduced the frequency of herpes outbreaks by over 70 to 80 percent. What’s more, some individuals on this treatment option have ceased to experience herpes outbreaks since they began the therapy. They have therefore been able to lead full lives after their infections.

    Despite the apparent benefits of this method of treating herpes, it is not for everyone. Doctors advise that herpes infected individuals suffering from an average of six outbreaks a year or more should register themselves for suppressive therapy. Since this treatment option also decreases the severity and duration of outbreaks, it can also be applied to those who suffer from extreme outbreaks that cause them to sit out regular activity for long periods at a time. All in all, the sure way you can find out if you, your partner, friend or relative is suitable for this method of herpes management is by booking an appointment with a doctor and having them examine your illness’s intensity. From there, the medical practitioner will be able to make a conclusive decision on whether you are suitable for this form of treatment.

    There have been very minimal side effects from the medication used for suppressive therapy. These include headaches, nausea, sore throat and abdominal pain. However, most individuals do not observe adverse effects when they take the medication.

    There have been very minimal side effects from the medication used for suppressive therapy. These include headaches, nausea, sore throat and abdominal pain. However, most individuals do not observe adverse effects when they take the medication.

  • Genital Herpes and Oral Herpes Posted by Admin

    Oral herpes

    Genital herpes is a sexually transmitted infection that occurs as a result of sexual contact with a carrier of the illness. It is caused by the HSV-2 virus. Since virus infections cannot be completely terminated, genital herpes has no cure. It can affect both men and women and is highly contagious. Once sexual contact has been initiated by a herpes carrier to another person, the virus spreads to the non-infected person’s body and could remain dormant for long periods. However, symptoms may appear several times a year or at even more frequent intervals depending on how well a person manages these outbreaks. You should be careful to note that even those without symptoms of genital herpes can still be infected with the disease and could, therefore, have it spread to you. It is important to know the symptoms of this illness so as to take particular care in your sexual encounters with others. Genital herpes symptoms include

    • An itching or painful sensation around the genital area that begins in two to ten days after a sexual encounter

    • The appearance of small red or white blisters around the genitals sometime after the onset of the itching

    • Sores that tend to ooze fluid and could burst. They are also highly irritable and are prone to bleeding. They could also make urinating difficult

    • Scabs formed after preliminary sores have undergone the healing process

    • High degrees of sensitivity around the genital region

    Apart from the genital region overall, the lesions can also appear in varying locations. These areas differ from gender. In men, the sores appear specifically on the penis, scrotum, urethra, and the thighs for the frontal region. On the back area, sores could appear on the buttocks or anus. The ulcers could also appear on the mouth. Women have lesions arising from genital herpes in or on the cervix, the vaginal area as well as on the external region of their privates.

    Other possible symptoms resemble a flu infection and tend to appear before the primary symptoms manifest themselves. They include muscle aches, fever, swollen lymph nodes and headaches.

    Oral herpes refers to an infection around the mouth area as a result of a sexual encounter. The illness could spread to regions including the lips, gums, and mouth. Small blisters, commonly known as cold sores, develop around these areas and are very painful. The illness is caused by the HSV-1 virus and also goes through a dormant stage just like genital herpes. This stage, however, varies from individual to individual. Once it manifests itself, the disease consistently causes painful sores around the mouth during its recurrences.

    Apart from direct contact with an infected person’s mouth, one can be infected with the disease by sharing items that the infected person uses in direct contact with his or her skin. These could include razors, towels and uncleaned dishes.

    Preliminary signs that you have this disease include the following:

    • An itching sensation around the mouth region

    • A sore throat

    • Fever

    • Difficulty in swallowing food or drink

    Can one get genital herpes from oral herpes?

    Yes, it is possible to get infected with genital herpes from a person who has oral herpes. This would occur from the direct contact of your genital region with an infected person’s mouth. You should be careful to note that the illness is transferable regardless of whether sores are visibly present or not.