The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial.
The Loss of a Loved One Due to Medical Malpractice
This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim loss of consortium. Some of these individuals include parents, grandparents, and children. It is crucial for lawyers to know the common law in the jurisdiction in which they practice because many people are affected and hurt by medical malpractice aside from just the patient. It is important that those who will truly lose the consortium of the victim be compensated for their loss. This portion of the law is continuing to expand and grow to allow others to bring claims of loss of consortium.
In 2003, a New Mexico court decided the case of Lozoya v. Sanchez. That case was the first time in history that a court was upheld after they recognized the right of unmarried cohabitants who were in an “intimate familial relationship” with the victim. Medical malpractice attorneys for that plaintiff were allowed to seek loss of consortium damages even though there was no official marriage.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.