A Philadelphia judge should extend the common-law loss of consortium claim enjoyed by married couples to same-sex couples who hold themselves out as married, plaintiffs in a medical malpractice action argued in a recent filing.

In their lawsuit against Temple University Health System, plaintiffs Jesseca and Tammy Wolf argued that because same-sex couples cannot get married in Pennsylvania, they should be allowed to bring a loss of consortium claim for an injury to their partner with whom they share what amounts to a marital relationship.