Newly married lesbians file malpractice suit
Categories: medical malpractice lawyerBOSTON (AP) — One day after getting married, a lesbian couple filed a medical malpractice lawsuit asking that one of the women receive damages because doctors failed to detect breast cancer in her spouse.
The lawsuit filed Friday claims “loss of consortium” for Cindy Kalish, 39, because of the advanced breast cancer in new wife Michelle Charron, 44.
Loss of consortium is a legal claim long available to spouses, but only newly available to gay and lesbian couples since the state began allowing same-sex marriage Monday. The lawsuit provides a glimpse into the kinds of legal battles involving gay and lesbian unions that Massachusetts courts can now expect.
“I think there will be tons and tons of incidental issues, and this apparently is the first one,” said Boston lawyer Steven Schreckinger.