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Loss of consortium after medical malpractice

Can you explain a little bit about loss of consortium in MA. Is it a kind of damages that can only be claimed by a husband or wife for the loss of the companionship of their spouse? Thank you in advance.

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Just so we are all on the same page, loss of consortium refers to loss of companionship or the loss of the benefits that usually arise from a family relationship.  The answer to your question is no.  Massachusetts case law has expanded the availability of loss of consortium damages over the years, and they may be claimed by a spouse, a child, or in some cases, parent .  If you are interested in doing some research, here is a quote (complete with citations) taken from the Massachusetts Supreme Judicial Court's opinion in Charron, et al. v. Amaral (2008).

 When a spouse suffers personal injury as a result of the negligence of a third party, the other spouse may recover damages from the third party for loss of consortium."  Olsen v. Bell Tel. Lab., Inc., 388 Mass. 171, 176 (1983), citing Diaz v. Eli Lilly & Co., 364 Mass. 153, 167-168 (1973).  Historically, a claim for a loss of consortium was a man's right to recover for the loss of consortium of his wife.  See Diaz v. Eli Lilly & Co., supra at 154-156 (discussing history of loss of consortium).  Over time, the appellate courts have expanded the class of persons that has the right to a claim for a family member's loss of consortium.  See id. at 167 (wife for husband); Ferriter v. Daniel O'Connell's Sons, 381 Mass. 507, 516 (1980) (dependent child for parent); Angelini v. OMD Corp., 410 Mass. 653, 661-662 (1991) (fetus, later born alive, for parent).  See also Morgan v. Lalumiere, 22 Mass. App. Ct. 262, 270 (1986) (disabled adult, dependent on parent).  Accord Angelini v. OMD Corp., supra at 655-656 (discussing decisions from Appeals Court that clarify persons eligible to recover).  In addition, the Legislature enacted G. L. c. 231, § 85X, inserted by St. 1989, c. 259, § 1, to allow a parent to recover for the loss of consortium of a child in response to this court's decision in Norman v. Massachusetts Bay Transp. Auth., 403 Mass. 303, 306 (1988).

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