New York Court: Husband may sue Wife’s psychiatrist over Herpes Infection

The New York Law Journal reports that a New York state judge has ruled that a man who says he contracted a sexually transmitted disease after his wife had an affair with her allegedly infected psychiatrist can bring a negligence action against the doctor.

The man, Carl Levine, claimed that Dr. Robert Werboff had a duty to warn him that he had herpes simplex before having unprotected sex with Levine’s wife.

Looking to ‘common concepts of morality, logic, and … the social consequences of imposing the duty,’ Westchester County Supreme Court Justice Nicholas Colabella agreed that Werboff owed a reasonable duty of care to Mr. Levine.

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