This AP wire report talks about a newly-married lesbian couple filing a lawsuit claiming “loss of consortium” over one’s late-diagnosed breast cancer. What it doesn’t seem to explain is what exactly loss of consortium is, and thus why only spouses can sue over it.
My WAG is that it’s basically that the defendant’s actions (or inactions) wrongfully deprive one spouse of their “consort”, but I’m not sure why the woman with cancer didn’t just sue for malpractice, seeing as she’s still alive to get married this week.
Only spouses can sue over it because only a spouse (legally) can give consortium, which is basically spousal affection, companionship and physical relations.
Lack of consortium is a part of the lawsuit, it’s one of (probably) several charges being laid against the doctor, i.e. “because of your failure to promptly diagnose the cancer, I suffered a loss of health, a loss of wages, the real loss of my business because of the financial circumstances at the time when I was finally diagnosed and because of the lengthiness of my treatment because the cancer had advanced, and my spouse suffered a lack of consortium from me, therefore we’re suing (jointly, as Mrs. and Mrs. Sue Jones) for 90 bajillionity surspillion dollars and a pure-bred pekinese puppy named Jasper.”