Med Mal News

Will Unmarried Same-Sex Partner's Loss-of-Consortium Claim Succeed?

A suit filed in Pennsylvania in March will test how far the same-sex equal rights movement has gone toward affording unmarried but committed partners the loss-of-consortium damages generally reserved for married couples. The medical malpractice case was filed by Tammy Wolf, who has been in a committed relationship with Jessica Wolf for more than 10 years. They have not entered into a marriage or civil union, but the couple have twin daughters, born to Jessica, whom they have been raising together since the girls' births. States that currently recognize same-sex marriages and civil unions allow people in these relationships to state claims for loss of consortium, but Pennsylvania does not recognize such relationships. According to the complaint in Wolf v. Associates of Podiatric Medicine and Surgery, “Plaintiff [Tammy] Wolf is entitled to pursue a loss of consortium claim as defendants' negligence caused her to suffer a loss of the society, consortium and services usually provided by [Jessica Wolf] in their long-term relationship,”' and “[t]o deny [Tammy] Wolf's right would violate the U.S. and Pennsylvania constitutions' right to equal protection under the law and would unfairly discriminate against [Tammy] Wolf simply because of her gender.”

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New Jersey Moves to Extend Immunity to Rescue Squads

With bipartisan support and no active opposition, New Jersey's legislators moved swiftly early this year to undo what a court had done with its decision in Murray v. Plainfield Rescue Squad , 210 N.J. 581. That decision held that New Jersey's law immunizing officers and members of rescue squads from liability when “providing intermediate life support services” in good faith does not extend to cover the squads themselves. By holding that N.J.S.A. 26:2K-29 immunizes only “officers or members” of rescue squads administering intermediate life support services (including cardiopulmonary resuscitation (CPR), defibrillation and cardiac monitoring), the decision left rescue squads, as entities, open to lawsuit. Another law on the books does offer immunity to these squads, but only when they are rendering “advanced life support services,” such as trauma care and intravenous therapy. Herb Conaway Jr., D-Burlington, a co-sponsor of the bill, said in January that N.J.S.A. 26:2K-29's exclusion of rescue squads appeared to be inadvertent, and “[w]e're going to correct that, and make it clear to the court this Legislature's desires and make sure that those volunteer agencies that are doing, at low cost, a great service … can continue to function without threat of lawsuit.”

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Will Unmarried Same-Sex Partner's Loss-of-Consortium Claim Succeed?

A suit filed in Pennsylvania in March will test how far the same-sex equal rights movement has gone toward affording unmarried but committed partners the loss-of-consortium damages generally reserved for married couples. The medical malpractice case was filed by Tammy Wolf, who has been in a committed relationship with Jessica Wolf for more than 10 years. They have not entered into a marriage or civil union, but the couple have twin daughters, born to Jessica, whom they have been raising together since the girls' births. States that currently recognize same-sex marriages and civil unions allow people in these relationships to state claims for loss of consortium, but Pennsylvania does not recognize such relationships. According to the complaint in Wolf v. Associates of Podiatric Medicine and Surgery, “Plaintiff [Tammy] Wolf is entitled to pursue a loss of consortium claim as defendants' negligence caused her to suffer a loss of the society, consortium and services usually provided by [Jessica Wolf] in their long-term relationship,”' and “[t]o deny [Tammy] Wolf's right would violate the U.S. and Pennsylvania constitutions' right to equal protection under the law and would unfairly discriminate against [Tammy] Wolf simply because of her gender.”

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