Section 67 Collateral Estoppel

• Library: Prof Liability 2005

A loss of consortium claim is a separate and distinct cause of action from an underlying claim for medical negligence. Accordingly, a prior judgment against a spouse on a loss of consortium claim will not act as collateral estoppel to prevent the patient’s recovery in an underlying medical malpractice action. In Rogers v. Bond, 880 S.W.2d 607 (Mo. App. E.D. 1994), a patient sued the defendants for medical malpractice. The patient’s wife also sought damages for loss of consortium. The jury returned a verdict in favor of both plaintiffs, but the trial court sustained the defendants’ motion for a new trial as to the wife’s...