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Med Mal News
CT Supreme Court Says Tort Recovery Available to Some Same-Sex Partners Prevented from Marrying
Connecticut's loss-of-consortium tort recovery statute allows a person whose spouse has been injured to recover damages from the tortfeasor. Until July, the requirement that the injured person be the claimant's spouse had seemed set in stone. But in conjunction with a medical malpractice case, Connecticut's Supreme Court ruled in Mueller v. Tepler, 2014 Conn. Lexis 251 (7/16/14), that a same-sex partner is entitled to seek damages for loss of consortium if she can prove that she and her deceased partner would have been married had the state not unconstitutionally barred them from marrying at the time of the tort. With this ruling, Connecticut becomes the first state to retroactively recognize the tort-recovery rights of same-sex partners who would have been married but for laws prohibiting them from doing so.
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