Legal Definitions - per quod consortium amisit

The Latin phrase per quod consortium amisit translates to "whereby he lost the company." Historically, this legal term was used in lawsuits to describe a specific type of harm suffered by a husband when his wife was injured by another party's wrongful actions. It referred to the loss of his wife's companionship, affection, assistance, and sexual relations within the marriage due to her injuries. This was a claim for damages distinct from the wife's own physical injuries.

Here are some examples illustrating this historical legal concept:

• Example 1: Car Accident
  Imagine a scenario where a negligent driver causes a severe car accident, leaving a wife with permanent physical disabilities and chronic pain. Her husband might historically have filed a claim for per quod consortium amisit against the negligent driver. This claim would not be for his wife's medical bills or lost wages (those would be her claims), but specifically for the loss of her companionship, the inability to share activities they once enjoyed, and the impact on their marital intimacy due to her injuries. The husband's claim would focus on how the driver's actions deprived him of the "company" and services of his wife.

• Example 2: Medical Malpractice
  Consider a situation where a surgeon commits a serious error during an operation on a wife, resulting in her suffering debilitating complications that leave her bedridden for an extended period and permanently alter her physical capabilities. Her husband could historically have brought a claim for per quod consortium amisit against the negligent surgeon. This claim would seek compensation for the profound disruption to their marital life, the loss of her active participation in family life, and the emotional and physical support she previously provided, all stemming from the surgeon's malpractice that deprived him of his wife's "company."