Learn the definition of loss of consortium in the context of medical malpractice law.
Loss of consortium refers to the inability of a medical malpractice victim to have a healthy marital relationship following their injury. Many people use “loss of consortium” interchangeably with “loss of sexual pleasure” or “loss of sexual function,” but the term is more comprehensive to refer to any loss of a spouse’s ability to fulfill the expectations of a marital relationship.
In the context of a medical malpractice lawsuit, loss of consortium is considered a non-economic damage, meaning it is not tied to actual financial depletion. Even though the loss of consortium does not involve monetary loss, you are still eligible to recover compensation for it, though many states cap non-economic damages in medical malpractice cases.
A medical malpractice lawyer can go over the rules in your state and what to expect. Call 888-526-8947 for a free case evaluation.
Examples of Loss of Consortium
The most common example of a loss of consortium and the one that comes to most people’s minds who are familiar with the term is the loss of sexual intimacy within a marital relationship.
To give an example, suppose a man goes in for a vasectomy, and the doctor ruins the procedure and costs the patient erectile function. Since he and his wife can no longer enjoy the sexual relationship they had before, he has grounds to recover loss of consortium damages in a malpractice lawsuit against the doctor.
More Than Just Sexual Intimacy
In a situation such as this one, the damage to the couple’s relationship might go deeper than the loss of the physical act of intimacy. The husband, for example, may develop depression over his inability to perform. The onset of the husband’s depression may cause the relationship may deteriorate further, and the husband may stop fulfilling other expectations of a spouse, such as providing love, care, and affection. This also qualifies as a loss of consortium.
Economic vs. Non-Economic Damages
Since it does not involve monetary depletion, loss of consortium is a non-economic damage. Damages that are economic in nature include items such as medical expenses, lost wages, reduced earning capacity, and prescription drug costs — things that either cost money or prevent you from earning money you otherwise would have received.
Most states do not cap economic damages in medical malpractice cases, but they do place limits on non-economic damages to keep malpractice insurance and health care costs down. A medical malpractice lawyer can explain the rules of your state and help you recover the most in non-economic damages you can.
Call 888-526-8947 for a Free Medical Malpractice Case Evaluation with Newsome | Melton
The medical malpractice lawyers at Newsome | Melton want to help you recover damages for injuries resulting from a health care provider’s negligence. We are eager to speak with you and get started on your case. For a free case evaluation, call our office today at 888-526-8947
Loss of Consortium - Frequently Asked Questions
According to Psychology Today, improperly detoxing from alcohol may kill you. Improperly detoxing from anything could kill you. Alcohol withdrawal is a serious and potentially life-threatening condition. Symptoms can develop within a few hours or a few days after a person stops drinking. The safest method of detoxing from alcohol for people who are long-term,
Read More
Tumors of the uterine cervix are known as cervical polyps, sometimes these polyps can be growths as opposed to cancerous tumors. The cervix is an important organ as it is what connects the uterus to the vagina. Polyps in the cervix are most often benign; however, there are instances in which these growths are a
Read MoreLoss of Consortium - News Articles
Dangerous Deliveries: Forceps and Vacuum Births Gone Wrong Rachel Melancon and her fiancée, Allen Coats, were overjoyed when they learned in the spring of 2013 that they were having a baby. “I just found out that you are swimming in my tummy. I have waited for you so long,” the 24-year-old expectant mother wrote in her
Read More
The son of an Alabama woman who passed away in 2005 from a brain hemorrhage was recently awarded a $5 million judgment after a jury declared that the doctor that had been treating his mother was guilty of negligence. Dr. Frank Gillis had been treating Florine Bryant for atrial fibrillation, which is the most common
Read More