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Loss of Consortium Damages for Spouses of Those Who Have Been Harmed by Medical Malpractice in NJ

When a patient who is the victim of medical malpractice ends up in the hospital or has to undergo intensive treatment like surgery or rehabilitative therapy, the patient's spouse suffers too. Patients’ spouses may have a separate claim for damages in a New Jersey medical malpractice case. New Jersey law recognizes the right of a spouse to recover for the loss of the comfort, society and intimacy caused by negligence.

Spouses often watch as their loved ones undergo severe pain and anguish. In the long term, there may be personality changes, depression and anxiety. Relationships with children, other family members and friends may be strained.

A happy marriage can be turned into a caretaker-patient relationship, almost overnight. After a serious case of malpractice, a spouse can feel like a nurse and may even have to perform some basic caretaking functions on a permanent basis. Needless to say, the spouse and the patient's relationship can be severely affected. For a spouse, a serious case of medical malpractice is incredibly difficult.

In New Jersey, spouses can make a claim commonly known as "loss of consortium." This claim aims to compensate the spouse directly for the changes in the relationship on a mental, emotional and physical level, caused by the malpractice or negligence. These claims may only be made if the patient was married at the time the malpractice occurred.

Related New Jersey Medical Malpractice Legal Article: New Jersey Medical Malpractice Lawyer Explains Cases Involving Failure to Diagnose an Infection

New Jersey Medical Malpractice Law Firm

Our New Jersey lawyers handle medical malpractice cases against hospitals, doctors, surgeons, laboratories and more. Our lawyers have the expertise and resources of a large 200 lawyer firm to help prosecute these cases. For a free consultation, call 877.944.8396.

*Disclaimer: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.

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