Damages in a medical malpractice case can include such things as compensation for financial losses, compensation for lost wages due to an injury, future lost wages due to an injury and recovery for loss of consortium. Loss of consortium is a legal term that is used to define the damage suffered by a spouse or other family members such as children and parents when their normal family associations are discontinued or cut off due to an injury suffered due to an act of medical negligence by a healthcare provider or other tort as appropriate.
Examples of Loss of Consortium Damages
This kind of tort damage or deprivation claim envisions several levels of loss due to the malpractice injury.
- Loss of economic contributions to the general household expenses
- Loss of contribution to general household maintenance
- Loss of contribution to family childcare responsibilities
- Loss of family interactions including parental love and affection
- Loss of ability to engage in sexual activity between spouses.
Wrongful Death and Loss of Consortium
Loss of a life time of “consortium” or normal family interactions with the deceased relative, wife, husband, child, parent, due to a wrongful death caused by an act of medical negligence or professional malpractice will most often be awarded large amounts of money damages by the court or jury in an attempt to try to compensate them for what will be a permanent and irreversible loss lasting a lifetime. If medical negligence is proven as the cause of a premature death, then many times the claimant’s family members, spouse, children, parents, will be awarded money damages to compensate them for the loss of their family member. Consider for a moment a new mother that has lost her new born infant due to actions of medical negligence in delivery room, often that mother will have difficulty interacting with her husband and other children after the infant’s death. This type of loss is not one that can be compensated in the true sense of the word but courts and jury generally do determine and decide on a monetary amount that will attempt to serve that purpose.
Getting Legal Help
If you or a member of your family is considering an action for medical negligence or professional malpractice by a healthcare provider it may be important to contact a medical malpractice attorney to discuss family connection rights and losses arising due the family member’s death or severe injury resulting from instances of medical negligence.
