What Is Loss of Consortium In A Medical Malpractice Case?

Personal injury lawsuits, as a rule, do not tend to include claims of a loss of consortium. This is not because such cases are rarely of interest to claimants and patients. Rather, it is because the majority of claims will not fulfill the standards and requirements necessary for the claims to have validity and applicability.

Meeting Qualifications

Consortium loss is a claim in which a spouse or family member states that the injured party, which may be another spouse or a parent or relative, can no longer fulfill the duties he or she used to fulfill when he or she was able and healthy within the household. Such duties may include but are not limited to sexual involvement and participation, parenting, or other elements that may be present within a personal and private relationship. In order for such a claim to have legal merit, it must be proven by the claimant that the family member who was injured used to be able to perform the listed actions before the incident occurred, but that he or she has not been able to do so since the time of the incident.

Determining Eligibility

A loss of consortium claim in the past could only be filed or brought forth by a spouse in past times. However, this requirement has been relaxed by several states in recent years, and same sex couples or committed partners have now been granted the rights to file suits that propose a loss of consortium occurred. It is best to look into the specific laws in this area in each state, as they are likely to vary from one state to the next. In many states, a loss of consortium claim may also be filed by a child for a parent.