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Because of the malpractice committed by my doctor, I cannot have relations with my spouse. Can my spouse sue too?
Yes, both you and your spouse can file a claim for “loss of consortium.” A loss of consortium claim is usually filed when you can no longer have sexual intercourse with your spouse either on a temporary basis or permanently, because of the injury or due to mental distress caused by the injury. In addition to sexual intercourse, loss of consortium claims may also include the loss of care, affection and companionship, either with or without a decrease in sexual intimacy. It may also include the hardship your spouse is suffering because you can no longer help care for the kids and assist with housework.
Such claims are usually viewed as speculative and are very difficult to put a dollar amount on if the judge or jury is inclined to award anything at all. The court would have to be adequately impressed by how seriously deprived your spouse’s life is.
If you, your spouse, or both of you should choose to include a loss of consortium claim as part of your medical malpractice lawsuit, not only do you need to prove the loss, but then the subject becomes fair game for the other party’s attorney and you may be opening yourselves up to some pretty difficult, embarrassing, intimate questioning about your current and your previous sex life with one another. If you are convinced that you have a valid claim, and the loss is severe, and you are truly willing to answer potentially embarrassing and invasive questions about your sex life, by all means, you and/or your spouse should include the claim in your lawsuit.
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