Your husband may have a cause of action if she knew she had an std and failed to disclose it to him and knowingly passed the disease on him. This is a newer area and would require more research on my part to fully answer. The law would be murkier as to your rights.
This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum.
Your husband might have a cause of action. Your possible claim sounds substantially weaker. The defendant will easily say that it is your husband who cheated and who is to blame. Also, you have the simple sounding but technically complex question of proving who passed what germs to whom.
My advice is to focus on your relationship or not, but don't waste time and money on this claim.
Before relying on any legal advice on the internet or this forum, please double check with an attorney as the specific details of your case may affect the answer.
Your husband and you should each speak with an attorney.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
If the woman knew he was married and knew she had an std, it could be an indirect battery against you as well. You could consult with a civil attorney to see if you can recover damages. Sorry for what you're going through and I hope things improve.
The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.
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