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To Have And Not Hold: Applying The Discovery Rule To Loss Of Consortium Claims Stemming From Premarital, Latent Injuries, Paul D. Fancher

Vanderbilt Law Review

Joel Friedman had a slow growing tumor on his thoracic spine. Unfortunately, his doctors negligently failed to diagnose or treat it. Joel then married his wife, Jihane, with whom he initially had a fulfilling physical relationship.! As his illness progressed, however, Joel began experiencing erectile dysfunction.' Ultimately, he became completely impotent. When later testing disclosed Joel's undiagnosed tumor, the Friedmans became aware of their cause of action for medical malpractice.

Fortunately, our legal system provides some redress to Joel. The discovery rule protects his claim from the statute of limitations.8 Joel, however, is not the only victim in this case. …