What is Loss of Consortium in a Medical Malpractice Case?

Web Admin - Friday, November 24, 2017
Illinois medical malpractice lawyersMedical malpractice cases often contain several different types of compensation. Reimbursement for medical expenses, pain and suffering, and lost wages are some of the most commonly seen, but there are other, lesser-known types as well. Loss of consortium, a form of compensation that may be sought by a spouse or family member of a medical malpractice victim, is just one example. Learn more about the loss of consortium, including what it is and how you can determine if it may be an element in your family’s medical malpractice case. 

Defining Loss of Consortium 

At its core, loss of consortium pertains to the emotional, financial, and physical losses that spouses and/or family members experience after a medical malpractice injury. It encompasses both death and injury that may leave the victim without the sexual intimacy, emotional or financial support, or companionship that they had previously experienced, and might have otherwise continued to experience, had it not been for the negligence of the physician. 

Potential Complications in Loss of Consortium Cases 

Successfully navigating any medical malpractice case can be difficult, but those involving a loss of consortium can be especially complex. Much of this is due to the ambiguity of such claims (i.e. how do you place a dollar amount on the loss of intimacy or companionship?), but the burden of proof that victims must bear is a major contributing factor as well. Thankfully, victims and their families can ease the claim process and potentially increase their chances of a positive outcome in their case by seeking guidance and assistance from an experienced attorney. 

Are You Owed Compensation for Loss of Consortium? 

Determining if you may be eligible for compensation for a loss of consortium may seem like an easy task, but the families of victims often overlook the ways that an injury or death is and will impact their lives. For example, one may ask for compensation for their financial losses but fail to consider how the loss of companionship is impacting them in their day-to-day life. An attorney can help with this by asking a few simple but important questions. Should you be owed compensation for loss of consortium, they can represent you and your best interests. 

Contact Our Buffalo Grove Medical Malpractice Lawyers 

If you believe that you or your family has experienced a loss of consortium after a medical injury, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Dedicated and experienced, our Buffalo Grove medical malpractice lawyers can examine your case, inform you of your options, and assist you throughout the entire claims process. No matter what the situation, we will aggressively pursue the most favorable outcome possible. Schedule your personalized consultation with us to get started. Call 847-934-6000.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



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