loss of consortium


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loss of consortium

n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrongdoing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate's lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation. (See: consortium, damages)

References in periodicals archive ?
The latter category of loss is not available if a claim is instead made for loss of consortium (discussed below).
Consistent protection for loss of consortium of children, parents, grandparents, and siblings is notably lacking.(151) Recovery virtually never extends beyond traditional relationships.(152) Even legal commentators rarely debate the merits of affording compensation for relational injuries to the partners in same-sex or other nonmarital relationships, or for damage to life-long friendships.
publishing house for libel, slander, invasion of privacy, defamation and loss of consortium.
Where the child of a parent who suffered serious injuries as a result of an accident was a minor at the time of the accident, but was no longer a minor when a lawsuit stemming from the accident was filed, the child's claim for loss of consortium was viable.
His physician asked when he last had an X-ray, which led Kingsley to request information about the X-ray done in April 2008.<br />"By that time the cancer was insurmountable and, on May 5, 2012, decedent died of metastatic lung cancer," according to the decision.<br />Kingsley and his wife filed the lawsuit before his death claiming medical malpractice and/or negligence, loss of consortium and wrongful death.<br />Justices voting with the majority were Nancy E.
Stanley Beecham, the ex-husband of the plaintiff also joined the suit for loss of consortium although the pair divorced after the surgery, Reinert said.
Three business-friendly tort reform measures offered at the 201 General Assembly triggered a trial-lawyer counter-attack this month with bills that would remove the cap on punitive damages, allow claims for loss of consortium, and open avenues of recovery for crime victims.
CASE FACTS: On March 12, 2010, Eseta Heimuli and others filed a complaint for medical malpractice and loss of consortium against the defendants, Drs.
* VERDICT A $1,716,469 Illinois verdict was returned, which included $484,000 to the patient's husband for loss of consortium.
IN AUGUST 2003, GARY AND TAMMY TISDALE FILED MEDICAL MALPRACTICE, MEDICAL NEGLIGENCE AND LOSS OF CONSORTIUM CLAIMS AGAINST TOLEDO HOSPITAL AND OTHER DEFENDANTS.
Smith's wife and two children asserted claims for loss of consortium. Dr.
According to the suit, the incident also caused what is described in the suit as a "loss of consortium" with his wife, Danielle Foley, who is also named as a plaintiff in the suit.