Lesbian spouse files malpractice lawsuit

[PfcHammer]

http://www.boston.com/news/nation/articles/2004/05/22/lesbian_spouse_files_malpractice_lawsuit/

Lesbian spouse files malpractice lawsuit
Worcester case is seen as a first
By Joanna Weiss, Globe Staff | May 22, 2004

In what lawyers are calling the first case of its kind now that gay marriage is legal, a just-married lesbian couple filed a medical malpractice lawsuit in Worcester yesterday contending that one of the women should be awarded damages because doctors failed to detect breast cancer in her spouse.

The lawsuit was filed in Worcester Superior Court by Michelle Charron, 44, and Cindy Kalish, 39, who are married.

Their suit claims a form of damages known as "loss of consortium," a routine provision in malpractice law. It allows spouses, parents, and children to assert that they have lost affection, companionship, and support as a result of an injury to their relative.

Lawyers say the "loss of consortium" claim was not available to gay couples until Massachusetts legalized gay marriage on Monday. They add that the case also provides a glimpse into the kinds of legal battles Massachusetts courts can expect, following the Supreme Judicial Court decision that legalized gay marriage, as lawyers plumb the challenges of life -- injuries and hospitalizations, joint tax returns, and criminal trials -- that this newest group of spouses will experience.

[private_ryan]

1. was she a spouse when the "malpractice" happened?

any lawyers here to tell us if the timeline matters?

[beyurslf]

2. That was my first question too.

But it brings to good light why gay marriage rights are important.