Same Sex Couple Files Medical Malpractice Suit

By Laura Vogltanz

Published on July 19, 2006

Mueller and Stacey are also claiming that these botched cancer treatments have harmed their relationship. Under Connecticut’s civil union law passed last year, Stacey has a right to sue for damages to their love life, known as a loss of consortium claim. Before this law was passed, only heterosexual couples married in Connecticut could seek this type of compensation.

The couple were domestic partners for 21 years before they were joined in a civil union in November 2005. Connecticut Senator Andrew McDonald says any couple who is joined in a civil union has the same rights under Connecticut law as a married couple, including the right to maintain action in the courts for loss of consortium.

According to Mueller, she underwent years of devastating chemotherapy treatments for ovarian cancer, while the real cancer spread. She received a second opinion in 2005 and immediately underwent a 12 hour surgery to remove as much cancer as possible.

Attorneys for the doctors say the two provided the appropriate care for a complex illness. The attorneys don’t plan to challenge Stacey’s right to be added to the lawsuit.

Mueller and Stacey say nearly every aspect of their life was changed by this ordeal.

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