Loss of Consortium & Medical Malpractice Law

Loss of Consortium & Medical Malpractice Law 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 855-633-2757 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 855-633-2757 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 855-633-2757.


Loss of Consortium - Frequently Asked Questions

How to File for Medical Malpractice?
29 mar
How to File for Medical Malpractice?

If you suffered injuries or became sick due to negligent or improper conduct by a medical professional, you might have grounds for a medical malpractice suit. It is essential to follow the right steps in filing your claim or lawsuit. Any missteps along the way have the potential to undermine your chances of getting the damages you

Read More
How Much Do Lawyers Charge For Medical Malpractice?
25 apr
How Much Do Lawyers Charge For Medical Malpractice?

As a victim of medical negligence, you could be eligible for substantial compensation to pay for your economic and non-economic damages. If you are like many victims, though, you might be hesitant to file a claim or lawsuit, because you are worried about how much lawyers charge for medical malpractice. Perhaps you have the following

Read More

Loss of Consortium - News Articles

Paralyzed Woman Awarded Second Largest Medical Malpractice Judgement in Colorado’s History
01 may
Paralyzed Woman Awarded Second Largest Medical Malpractice Judgement in Colorado’s History

In September 2013, Robbin Smith was preparing to travel to what was supposed to be one of the happiest days of her life. It was her son’s wedding that fall. As a chronic pain sufferer, Smith visited the Surgery Center at Lone Tree LLC in Colorado for a consultation, seeking relief. The attending physician recommended

Read More
West Virginia Family Awarded $90.5 Million In Medical Malpractice Lawsuit
01 oct
West Virginia Family Awarded $90.5 Million In Medical Malpractice Lawsuit

In 2010, Tom Douglas filed a medical malpractice lawsuit against Manor Care Inc., HCR Manor Care Services Inc., Healthcare and Retirement Corp. of America LLC, and Heartland Employment Services LLC as he blamed his mother’s death on the negligence of her nursing home.  Dorothy Douglas was reported to have died from dementia within the weeks

Read More