Loss of consortium refers to one type of damage award that you can receive in a personal injury or medical malpractice case. In particular, loss of consortium refers to a type of non-economic damage that malpractice victims suffer, like pain and suffering. Please contact a skilled medical malpractice attorney now if you were injured by the negligence of a health-care provider.
Loss of Consortium in General
Loss of consortium is a legal term that refers to the deprivation of the benefits that a person might normally have expected to receive from a familial relationship. It is a significant component of damages in certain types of personal injury cases, including medical malpractice cases.
Loss of consortium typically arises when a person is injured or killed due to the negligent or wrongful actions of another party, and the injury or death has a profound impact on the relationships and interactions within the affected person’s family.
Loss of Consortium and Medical Malpractice
In the context of medical malpractice, loss of consortium claims often stem from situations where a patient’s injury or death has a direct and detrimental effect on the patient’s:
- spousal relationship, or
- relationship with other family members.
The key elements of loss of consortium in medical malpractice cases usually include the following:
- Marital Relationship: Loss of consortium claims are commonly brought by spouses of injured patients. These claims emphasize the negative impact on the marital relationship resulting from the injury, such as the loss of companionship, affection, or sexual relations. The nature and extent of the marital relationship before the injury are considered in assessing the impact.
- Parent-Child Relationship: In certain cases, loss of consortium claims may also be raised by the children of the injured patient. These claims focus on the diminished guidance, nurturing, and parental support that the children have experienced due to the injury.
- Demonstration of Damages: To succeed in a loss of consortium claim, the plaintiff must demonstrate the specific damages suffered as a result of the injury to the patient. This could include evidence of emotional distress, loss of society, companionship, and services, as well as any other tangible and intangible effects on the familial relationship.
When evaluating a loss of consortium claim in a medical malpractice case, courts consider various factors, including the:
- Severity of the injury,
- Impact on the family’s quality of life, and
- Overall effect on the emotional and financial well-being of the family members.
Damages awarded for loss of consortium are often intended to compensate the affected family members for the disruption and harm caused by the medical negligence.
Contact Otorowski Morrow & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.