New York City Personal Injury Law Blog

How do You Prove Sexual Inability based on the Accident Injuries You have Sustained

Posted on Mar 3, 2015 in Personal Injury FAQs

Risk

Injuries can affect your sexual performance.

If you can no longer have sex because of the personal accident injuries, you have suffered, due to doctor’s carelessness; you can claim compensation, by filing a personal injury lawsuit. However, how does one actually prove this during the course of the lawsuit?

How to Show You are Unable to have Sex with Your Spouse

This question comes up many times. The client will tell his lawyer that as part of the injuries he has suffered, he no longer has the ability to engage in sexual intercourse, and how can he prove that. This can be done in a number of ways, through your medical records.

During the course of time, you are recuperating and under care of a doctor, you would have told him about the specific complaints and the problems you were having. You are also likely to tell him about the things you can no longer do. Many patients do not like to talk about this topic, even with their doctors. However, the reality is, this is the key way, your lawyer will be able to show in court that you are more likely right than wrong, and your claim is actually true.

Questions the Defense is Likely to Ask at the Deposition

When you file a lawsuit against a doctor, claiming that he has violated the basic standards of medical care, your lawyer will have to obtain all your medical records to confirm the claim that there were violations of basic standards of care, and these violations caused your particular injuries. On the other hand, the lawyers of the hospital or doctors whom you bring the case against, will be doing the same investigation, it will be just many months later. They will also look into your medical records to find out:

  • What complains did you have
  • What health problems did you have
  • What did you tell the doctor
  • What did the doctor’s examination show
  • Is there a physical reason why you no longer can engage in sexual relationships with your spouse

Based upon your medical records, the defense will form an opinion or conclude in their own minds whether you are able to engage in sexual activity. Additionally, during the course of your lawsuit, the defense will have the ability to question you during the deposition, about what you can and can no longer do.

The deposition is a question and answer session held under oath, well before the trial. At this session, the defense lawyers will have the ability to ask you questions about the injuries you have suffered and what are the things you are unable to do or have difficulty doing because of those injuries.

This is how you show that you are unable to have sexual relations with your spouse. The defense cannot place a hidden camera (or perhaps not hidden) in your bedroom to see if you are able to have sex or not. It does not happen that way, instead, they rely on your testimony, and the doctor’s information in your medical records, to determine whether, what you are claiming is in fact true.

You also do not have to record you and your wife in bed failing to have intimacy for anyone to believe you. That is not necessary.

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