Lesbian Couple Files
Malpractice Suit
By AP from the
NYTimes on the Web, July 18, 2006
STAMFORD, Conn. -- In what
attorneys say is the first case of its kind since Connecticut legalized civil
unions, a lesbian couple filed a medical malpractice lawsuit Tuesday claiming
botched cancer treatments damaged their love life.
Margaret Mueller and Charlotte Stacey are accusing two doctors of treating
Mueller for ovarian cancer when she actually had cancer of the appendix.
They contend Mueller underwent years of grueling chemotherapy while the cancer
spread.
Married couples in personal injury cases commonly sue over damage to their love
lives, or what is known as loss of consortium.
Joshua Koskoff, an attorney for the lesbian couple, said that Connecticut's
civil union law -- which passed last year and gives gay couples many of the same
rights as heterosexual ones -- entitles gay partners to sue for loss of
consortium.
''The victims of malpractice are rich and poor, gay and straight, Democrat and
Republican,'' Koskoff said. ''If that's the case, the law shouldn't
discriminate in the way it treats victims of malpractice.''
Attorneys for the doctors, Iris Wertheim and Isidore Tepler, said the two
provided appropriate care for a complex illness. Eric Stockman, Wertheim's
lawyer, said he does not plan to challenge Stacey's right to be added to the
lawsuit.
The original lawsuit was filed earlier this year on Mueller's behalf. The
new lawsuit was amended in state court to seek unspecified damages on Stacey's
behalf as well.
Mueller and Stacey were domestic partners for 21 years and were joined in a
civil union in November.
According to the couple, Mueller must use a colostomy bag, can barely even walk
short distances, can no longer perform simple chores such as mowing the lawn and
housekeeping.
After years of treatments, Mueller eventually got a second opinion last year by
a doctor who told her she did not have ovarian cancer, according to the lawsuit.
She immediately underwent a 12-hour operation to remove as much cancer as
possible.
The couple said the painful treatments could have been avoided if the doctors
read the original pathology report that correctly identified the cancer.
''I saw 3 1/2 years of Marge literally sleeping her life away,'' Stacey said.
''She's fighting to stay alive.''
Democratic state Sen. Andrew McDonald said the case shows how the Connecticut
civil union law was meant to work.
''Under the law, this is a no-brainer,'' said McDonald, one of the law's
authors. ''Without a doubt any couple who is joined in a civil union has
exactly the same rights under our law as a married couple, including the right
to maintain action in the courts for loss of consortium.''
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