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
You should file a lawsuit as quickly as possible after a birth injury because you do have a limited time to do so. The clock begins ticking when the injury occurs. If you wait too long, you will not be able to file for medical malpractice. The statute of limitations establishes how long you can
Read More
Millions of dollars get paid out every year in medical malpractice claims. If you suffered injuries because of medical negligence or inadequate care from a healthcare provider, you deserve compensation. But how do you know if you have a malpractice case? If you experienced complications after a medical procedure, became sick or injured following care, or feel
Read MoreLoss of Consortium - News Articles
At the end of 2007, Marie Gabriel-Gelin found out that she was pregnant with her fourth child. Gabriel-Gelin, 36 at the time, and her doctors at South Shore Hospital in Weymouth, MA decided that a cesarean section was the best option for a safe delivery. However, during her pregnancy she became anemic, making a cesarean
Read More
On October 17, 2013, Terrea Holly found herself lightheaded. Her heart was racing and she was unable to catch her breath. As she rushed to the emergency room, run by the Detroit Medical Center (DMC), she tried to take deep breaths and to not panic. To her initial relief, after being seen by a DMC
Read More